Long-Term Care Insurance Act

The designation under Article 47-2, paragraph (1) is to be made, pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare, upon the application of a person that conducts a registered facility long-term care support business, for each office that conducts a registered facility long-term care support business (hereinafter referred to as "Business Office" in this Section (excluding Article 85-11, paragraph (1))).

The mayor of a Municipality, in a case of an application to provide service as set forth in the preceding paragraph and when it corresponds to any of the following items, must not provide an appointment as service provider as set forth in Article 47-2, paragraph (1):

when the applicant is not a person specified by Municipal Ordinance;

when the number of Long-Term Care Support Specialists at the Business Office pertaining to said application does not meet the fixed minimum number of employees as determined by Municipal Ordinance as set forth in Article 85-5, paragraph (1);

when it is determined that the applicant cannot properly manage a registered facility long-term care support business in accordance with the standards pertaining to the management of the business of Designated Registered Facility Long-Term Care Support prescribed in Article 85-5, paragraph (2);

when the applicant is punished by imprisonment or to a more severe penalty and said execution of the penalty has not been completed or has not yet expired;

when an applicant is punished by a fine pursuant to the provisions of this Act or another Act concerning citizens' health and medical care or public aid as provided by a Cabinet Order and execution of said penalty has not yet been completed or has not yet expired;

when the applicant is punished by a fine pursuant to the provisions of a law concerning labor as determined by a Cabinet Order and execution of said penalty has not yet been completed or has not yet expired;

when the applicant has, with regard to insurance premiums, etc., by the day before the date of said application, received a disposition of delinquency based on the provisions of a law that provides for the obligation of payment, and has continuously been delinquent, for a period of three months or more without justifiable grounds from the date of receiving said disposition, in the payment of all insurance premiums, etc. whose due dates arrive on or after the date of receiving said disposition;

when the applicant is a person whose designation has been rescinded pursuant to the provisions of Article 85-9, paragraph (1) or Article 115-35, paragraph (6) and five years have not elapsed from the date of said rescission (in a case when a person whose designation has been rescinded is a juridical person, including a person that was an Officer, etc., of said juridical person within sixty days prior to the date of notification pursuant to the provisions of Article 15 of the Administrative Procedure Act pertaining to the disposition of said rescission and five years have not elapsed from the date of said rescission, and in a case when a person whose designation has been rescinded is a Business Office that is not a juridical person, including a person that was a manager of said Business Office within sixty days prior to said notification and five years have not elapsed from the date of said rescission), excluding, however, a case in which the rescission of said designation falls under one that is specified by Order of the Ministry of Health, Labour and Welfare as being appropriate to treat as not falling under the rescission of the designation prescribed in the main clause of this item, among the rescissions of the designation of a Designated Registered Facility Long-Term Care Support Provider, in consideration of the facts that were the grounds for the disposition of said rescission, the status of efforts toward the establishment of an operational control system by said Designated Registered Facility Long-Term Care Support Provider to prevent the occurrence of said facts, and other matters on the degree of responsibility that said Designated Registered Facility Long-Term Care Support Provider had in relation to said facts;

when a person that has a close relationship with the applicant has had its designation rescinded pursuant to the provisions of Article 85-9, paragraph (1) or Article 115-35, paragraph (6) and five years have not elapsed from the date of said rescission, excluding, however, a case in which the rescission of said designation falls under one that is specified by Order of the Ministry of Health, Labour and Welfare as being appropriate to treat as not falling under the rescission of the designation prescribed in the main clause of this item, among the rescissions of the designation of a Designated Registered Facility Long-Term Care Support Provider, in consideration of the facts that were the grounds for the disposition of said rescission, the status of efforts toward the establishment of an operational control system by said Designated Registered Facility Long-Term Care Support Provider to prevent the occurrence of said facts, and other matters on the degree of responsibility that said Designated Registered Facility Long-Term Care Support Provider had in relation to said facts;

when the applicant provides notification of abolishment of business pursuant to the provisions of Article 85-6, paragraph (2) from the date of notification pursuant to the provisions of Article 15 of the Administrative Procedure Act pertaining to the disposition of rescission of the designation pursuant to the provisions of Article 85-9, paragraph (1) or Article 115-35, paragraph (6) to the date of making said disposition or the date of determining not to make the disposition (except for a person that has a reasonable basis for said abolishment of business) and five years have not elapsed yet from the date of said notification;

when the applicant is a person that provided notification of abolishment of business pursuant to the provisions of Article 85-6, paragraph (2) during the period from the date on which an inspection pursuant to the provisions of Article 85-7, paragraph (1) was conducted until the expected hearing decision date (meaning, in the case where the mayor of a Municipality has notified said applicant, within ten days from the date on which said inspection was conducted, of a specific date as the date on which it is expected to be decided whether or not to hold a hearing on the disposition of rescission of the designation pursuant to the provisions of Article 85-9, paragraph (1) based on the result of said inspection, pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare, said specific date) (excluding a person that has a reasonable basis for said abolishment of business), and five years have not elapsed from the date of said notification;

in a case when abolishment of business pursuant to the provisions of Article 85-6, paragraph (2) was duly provided by notification during the period pursuant to the provisions of item (x), when the applicant who was an Officer, etc., of a juridical person (except for a juridical person that has a reasonable basis for said abolishment of business) pertaining to said notification or a manager of a Business Office that is not a juridical person pertaining to said notification (except for one that has a reasonable basis for said abolishment of business) within sixty days before the notification as set forth in the same item, and five years have not elapsed from the date of said notification;

when an applicant performs a wrongful or significantly unjustifiable act concerning In-Home Service, etc. within five years prior to an application of appointment as service provider;

when the applicant is a juridical person and any of its Officers, etc. corresponds to any provision of item (iv) to item (viii) or item (x) to the preceding item;

when the applicant is a Business Office that is not a juridical person and its manager corresponds to any provision of item (iv) to item (viii) or item (x) to item (xiii).

A Municipality, in establishing the Municipal Ordinance set forth in item (i) of the preceding paragraph, is to establish it in accordance with the standards determined by Order of the Ministry of Health, Labour and Welfare.

An appointment as service provider as set forth in Article 47-2, paragraph (1), if it is not renewed every six years, ceases to be effective when said period expires.

In a case of application of renewal as set forth in the preceding paragraph, when a determination of the application does not occur prior to the expiry of the period as set forth in the same paragraph (hereinafter referred to as "Effective Period of Designation as Service Provider" in this Article), the prior appointment as service provider remains in force after expiry of the Effective Period of Designation as Service Provider until a determination is reached regarding said application.

In a case as set forth in the preceding paragraph, when the appointment as service provider is renewed, said Effective Period of Designation as Service Provider is to be from the date following the date of expiry of the prior Effective Period of Designation as Service Provider.

The provisions of paragraph (1) and paragraph (2) of the preceding Article apply mutatis mutandis to a renewal of appointment as service provider as set forth in paragraph (1).

A Designated Registered Facility Long-Term Care Support Provider must, in accordance with the standards concerning the management of the business of Designated Registered Facility Long-Term Care Support prescribed in paragraph (2) of the following Article, provide appropriate Designated Registered Facility Long-Term Care Support according to the mental and physical condition, etc., of a Person Requiring Long-Term Care, and endeavor to always provide it from the standpoint of the person that receives Designated Registered Facility Long-Term Care Support, by evaluating the quality of the Designated Registered Facility Long-Term Care Support it provides itself and by taking other measures.

A Designated Registered Facility Long-Term Care Support Provider, when it has confirmed the Opinion of the Certification Committee concerning an Insured Person through the presentation of the certificate of insured person, etc. by the Insured Person who intends to receive Designated Registered Facility Long-Term Care Support, must endeavor to provide said Designated Registered Facility Long-Term Care Support to said Insured Person with consideration given to said Opinion of the Certification Committee.

A Designated Registered Facility Long-Term Care Support Provider must employ the number of Long-Term Care Support Specialists as determined by Municipal Ordinance for each Business Office pertaining to said appointment as service provider.

In addition to what is prescribed in the preceding paragraph, the standards concerning the management of the business of Designated Registered Facility Long-Term Care Support are to be specified by Municipal Ordinance.

A Municipality, in establishing the Municipal Ordinance set forth in the preceding two paragraphs, is to establish the following matters in accordance with the standards determined by Order of the Ministry of Health, Labour and Welfare, and is to take into consideration the standards determined by Order of the Ministry of Health, Labour and Welfare for other matters:

the standards concerning the employees that engage in Designated Registered Facility Long-Term Care Support and the number of said employees;

matters concerning the management of the business of Designated Registered Facility Long-Term Care Support that are determined by Order of the Ministry of Health, Labour and Welfare as being closely related to the appropriate use of services by Persons Requiring Long-Term Care who use them, appropriate treatment, ensuring of safety, and maintenance of confidentiality, etc.

The Minister of Health, Labour and Welfare, when intending to provide the standards determined by Order of the Ministry of Health, Labour and Welfare prescribed in the preceding paragraph (limited to the part concerning the handling of Designated Registered Facility Long-Term Care Support), must hear the opinion of the Social Security Council in advance.

A Designated Registered Facility Long-Term Care Support Provider, when it has provided notification of the abolition or suspension of the business pursuant to the provisions of paragraph (2) of the following Article, must, with regard to a person who received said Designated Registered Facility Long-Term Care Support within one month before the date of said notification and who wishes to continue to be provided with services equivalent to said Designated Registered Facility Long-Term Care Support even on or after the date of said abolition or suspension of the business, provide convenience, such as coordination with other Designated Registered Facility Long-Term Care Support Providers and other relevant persons, so that necessary In-Home Service, etc. is continuously provided.

A Designated Registered Facility Long-Term Care Support Provider must respect the personality of a Person Requiring Long-Term Care, act in compliance with this Act or an Order based on this Act, and faithfully perform said duty for a Person Requiring Long-Term Care.

A Designated Registered Facility Long-Term Care Support Provider, when the name or location of a Business Office pertaining to said appointment as service provider or other matters as determined by Order of the Ministry of Health, Labour and Welfare are changed, or when it has recommenced said suspended business of Designated Registered Facility Long-Term Care Support, must provide notification of said fact to the mayor of a Municipality within ten days pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare.

A Designated Registered Facility Long-Term Care Support Provider, when it intends to abolish or suspend said business of Designated Registered Facility Long-Term Care Support, must provide notification of said fact to the mayor of a Municipality by one month before the date of said abolition or suspension, pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare.

The mayor of a Municipality, when it is determined to be necessary, may order a Designated Registered Facility Long-Term Care Support Provider, a person who was a Designated Registered Facility Long-Term Care Support Provider, or a person who was an employee of a Business Office pertaining to said appointment as service provider (herein referred to as a "Person, etc., that Was a Designated Registered Facility Long-Term Care Support Provider" in this paragraph) to report, or to submit or present record books and documents, request a Designated Registered Facility Long-Term Care Support Provider, an employee of a Business Office pertaining to said appointment as service provider, or a Person, etc., that Was a Designated Registered Facility Long-Term Care Support Provider to appear, or direct its personnel to question relevant persons, or to enter the Business Office pertaining to said appointment as service provider of said Designated Registered Facility Long-Term Care Support Provider, an office, or another place related to the business of Designated Registered Facility Long-Term Care Support, and inspect the record books and documents and other items there.

The provisions of Article 24, paragraph (3) apply mutatis mutandis to questions or inspections pursuant to the provisions of the preceding paragraph, and the provisions of paragraph (4) of the same Article apply mutatis mutandis to the authority granted pursuant to the provisions of the preceding paragraph, respectively.

A mayor of a Municipality, when finding that a Designated Registered Facility Long-Term Care Support Provider falls under any of the cases listed in the following items, may, setting a due date, recommend to said Designated Registered Facility Long-Term Care Support Provider that it take the measures specified in each of those items.

if it fails to satisfy the number of employees specified by Municipal Ordinance under Article 85-5, paragraph (1) with regard to the number of Long-Term Care Support Specialists of the Business Office pertaining to said designation: to satisfy said number of employees specified by Municipal Ordinance;

if it does not appropriately operate the business of Designated Registered Facility Long-Term Care Support in accordance with the standards concerning the operation of the business of Designated Registered Facility Long-Term Care Support prescribed in Article 85-5, paragraph (2): to appropriately operate the business of Designated Registered Facility Long-Term Care Support in accordance with said standards;

if it does not appropriately provide the convenience prescribed in Article 85-5, paragraph (5): to appropriately provide said convenience.

A mayor of a Municipality, in a case of providing a recommendation pursuant to the provisions of the preceding paragraph, may provide public notice of the fact that said Designated Registered Facility Long-Term Care Support Provider that is issued said recommendation did not act in compliance with said recommendation within the due date as set forth in the same paragraph.

A mayor of a Municipality, when a Designated Registered Facility Long-Term Care Support Provider that is issued a recommendation pursuant to the provisions of paragraph (1) does not implement the measures pertaining to said recommendation without a justifiable reason, may specify a due date and order said Designated Registered Facility Long-Term Care Support Provider to implement measures pertaining to said recommendation.

A mayor of a Municipality, when issuing an order pursuant to the provisions of the preceding paragraph, must issue public notice of the said fact.

A mayor of a Municipality, when finding that a Designated Registered Facility Long-Term Care Support Provider that has provided Designated Registered Facility Long-Term Care Support pertaining to an insurance benefit (limited to one for which another mayor of a Municipality has made the designation set forth in Article 47-2, paragraph (1)) falls under any of the cases listed in the items of paragraph (1), must provide notification of said fact to said other mayor of a Municipality.

A mayor of a Municipality, in a case that corresponds to any of the following items, may rescind the appointment as service provider as set forth in Article 47-2, paragraph (1) pertaining to said Designated Registered Facility Long-Term Care Support Provider or suspend the whole or a part of the effect of said appointment as service provider for a specified period:

when a Designated Registered Facility Long-Term Care Support Provider has come to fall under any of Article 85-2, paragraph (2), items (iv) through (vi), item (xiv) (excluding when it has a person who falls under item (vii) of that paragraph), or item (xv) (excluding when it is a person who falls under item (vii) of that paragraph);

when a Designated Registered Facility Long-Term Care Support Provider becomes unable to meet the number of employees of Long-Term Care Support Specialists determined by Municipal Ordinance as set forth in Article 85-5, paragraph (1) with regard to the number of Long-Term Care Support Specialists of the Business Office pertaining to said appointment as service provider;

when a Designated Registered Facility Long-Term Care Support Provider becomes unable to appropriately operate the business of Designated Registered Facility Long-Term Care Support in accordance with the standards concerning the operation of the business of Designated Registered Facility Long-Term Care Support prescribed in Article 85-5, paragraph (2);

when it is determined that a Designated Registered Facility Long-Term Care Support Provider violates an obligation prescribed in Article 85-5, paragraph (6);

when a Designated Registered Facility Long-Term Care Support Provider is entrusted with an investigation pursuant to the provisions of Article 28, paragraph (5), and submits a false report regarding the result of said investigation;

when an Allowance for Registered Facility Long-Term Care Service Plan is wrongly requested;

when a Designated Registered Facility Long-Term Care Support Provider is ordered to report, submit or present record books and documents pursuant to the provisions of Article 85-7, paragraph (1), but disobeys said order or submits a false report;

when a Designated Registered Facility Long-Term Care Support Provider or an employee of the Business Office pertaining to said appointment as service provider is requested to appear pursuant to the provisions of Article 85-7, paragraph (1) but does not respond or does not reply to questions pursuant to the provisions of the same paragraph or submits a false reply, or refuses, interrupts, or interferes with an inspection pursuant to the provisions of the same paragraph, however, provided that this provision does not apply when an employee of the Business Office pertaining to said appointment as service provider performed said act and said Designated Registered Facility Long-Term Care Support Provider was faithfully providing reasonable care and supervision in order to prevent said act of said employee;

when a Designated Registered Facility Long-Term Care Support Provider has received the designation set forth in Article 47-2, paragraph (1) by a wrongful means;

in addition to the cases listed in the preceding items, when a Designated Registered Facility Long-Term Care Support Provider violates this Act, another Act concerning citizens' health and medical care or public aid as provided by a Cabinet Order, or an order or disposition based on these Acts;

in addition to the cases listed in the preceding items, when a Designated Registered Facility Long-Term Care Support Provider performs a wrongful or significantly unjustifiable act concerning In-Home Service, etc.;

when, among the Officers, etc. of a Designated Registered Facility Long-Term Care Support Provider, there is a person who performed a wrongful or significantly unjustifiable act concerning In-Home Service, etc. within five years before the time when the rescission of the designation or the suspension of the whole or a part of the effect of the designation is to be carried out.

A mayor of a Municipality, when finding that a Designated Registered Facility Long-Term Care Support Provider that has provided Designated Registered Facility Long-Term Care Support pertaining to an insurance benefit, or has conducted an investigation entrusted pursuant to the provisions of Article 28, paragraph (5) (limited to one for which another mayor of a Municipality has made the designation set forth in Article 47-2, paragraph (1)) corresponds to any of the items in the preceding paragraph, must provide notification of said fact to said other mayor of a Municipality.

The provisions of Article 82-2 and Article 85 apply mutatis mutandis to a Designated Registered Facility Long-Term Care Support Provider. In this case, the necessary technical replacement of terms is provided by a Cabinet Order.

A person who conducts a registered facility long-term care support business, when receiving the designation set forth in Article 47-2, paragraph (1), is deemed to have received, at the time of receiving said designation, the designation set forth in Article 46, paragraph (1) as a Business Office that conducts the In-Home Long-Term Care Support Business pertaining to the designation set forth in that paragraph, with regard to the Business Office that conducts the registered facility long-term care support business pertaining to said designation; provided, however, that this does not apply when said Designated Registered Facility Long-Term Care Support Provider has made a different notification pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare.

The designation set forth in Article 46, paragraph (1) (hereinafter in this Article referred to as the "deemed designation") pertaining to a person deemed to have received the designation set forth in that paragraph pursuant to the provisions of the preceding paragraph (hereinafter in this Article referred to as a "Deemed Designated In-Home Long-Term Care Support Provider") ceases to be effective when, with regard to said Deemed Designated In-Home Long-Term Care Support Provider, the designation set forth in Article 47-2, paragraph (1) loses its effect pursuant to the provisions of Article 85-3, paragraph (1), or there is a rescission of the designation set forth in Article 47-2, paragraph (1) pursuant to the provisions of Article 85-9, paragraph (1).

With regard to the deemed designation pertaining to a Deemed Designated In-Home Long-Term Care Support Provider, when the effect of the whole or a part of the designation set forth in Article 47-2, paragraph (1) is suspended with regard to said Deemed Designated In-Home Long-Term Care Support Provider pursuant to the provisions of Article 85-9, paragraph (1), its effect (limited to that pertaining to the suspension of the effect of said designation) is suspended for the corresponding period.

When a Deemed Designated In-Home Long-Term Care Support Provider has made a notification of change or recommencement pursuant to the provisions of Article 85-6, paragraph (1) or a notification of abolishment or suspension pursuant to the provisions of paragraph (2) of that Article, a notification of change or recommencement pursuant to the provisions of Article 82, paragraph (1) or a notification of abolishment or suspension pursuant to the provisions of paragraph (2) of that Article is deemed to have been made with regard to the In-Home Long-Term Care Support Business pertaining to said deemed designation.

A Designated Provider of Preventive Long-Term Care Service, when it has submitted a notification of abolition or suspension of business pursuant to the provisions of paragraph (2) of the following Article, must provide convenience, such as coordination with the Designated Preventive Long-Term Care Support Provider, the Designated Registered Facility Preventive Long-Term Care Support Provider, other Designated Providers of Preventive Long-Term Care Service and other relevant persons, to persons who received said Designated Preventive Long-Term Care Service within one month before the date of said notification and who wish to continue to be provided with service equivalent to said Designated Preventive Long-Term Care Service on or after the date of said abolition or suspension of business, so that necessary In-Home Service, etc. is continuously provided.

A prefectural governor or the mayor of a Municipality, when he or she determines it is necessary in order for the provision of convenience prescribed in Article 115-4, paragraph (5) by a Designated Provider of Preventive Long-Term Care Service to be carried out smoothly, may provide coordination among said Designated Provider of Preventive Long-Term Care Service, the Designated Preventive Long-Term Care Support Provider, the Designated Registered Facility Preventive Long-Term Care Support Provider, other Designated Providers of Preventive Long-Term Care Service and other relevant persons, or advice and other assistance to said Designated Provider of Preventive Long-Term Care Service and said relevant persons.

A Designated Provider of Community-Based Service for Preventive Long-Term Care, when it has provided notification of abolition or suspension of business pursuant to the provisions of paragraph (2) of the following Article, must provide coordination with a Designated Preventive Long-Term Care Support Provider, a Designated Registered Facility Preventive Long-Term Care Support Provider, other Designated Providers of Community-Based Service for Preventive Long-Term Care, and other relevant persons, and other convenience, to persons who received said Designated Community-Based Service for Preventive Long-Term Care within one month before the date of said notification and who wish to continue to be provided with service equivalent to said Designated Community-Based Service for Preventive Long-Term Care on or after the date of said abolition or suspension of business, so that necessary In-Home Service, etc. is provided continuously.

A mayor of a Municipality, when deeming it necessary for the smooth provision of the convenience prescribed in Article 115-14, paragraph (7) by a Designated Provider of Community-Based Service for Preventive Long-Term Care, may provide coordination among said Designated Provider of Community-Based Service for Preventive Long-Term Care, a Designated Preventive Long-Term Care Support Provider, a Designated Registered Facility Preventive Long-Term Care Support Provider, other Designated Providers of Community-Based Service for Preventive Long-Term Care, and other relevant persons, or advice and other assistance to said Designated Provider of Community-Based Service for Preventive Long-Term Care and said relevant persons.

Section 8-2 Designated Registered Facility Preventive Long-Term Care Support Providers

The designation under Article 59-2, paragraph (1) is made, as provided by Order of the Ministry of Health, Labour and Welfare, upon application by the founder of a community general support center prescribed in Article 115-46, paragraph (1) or a Designated Registered Facility Long-Term Care Support Provider, for each Business Office that conducts the registered facility Preventive Long-Term Care Support Business (hereinafter referred to as "Business Office" in this Section (excluding Article 115-31-10, paragraph (1))), and is effective with regard to the payment of the Allowance for Registered Facility Preventive Long-Term Care Service Plan and the Exceptional Allowance for Registered Facility Preventive Long-Term Care Service Plan to Insured Persons of Long-Term Care Insurance provided by the Municipality of which the mayor who makes said designation is the head (excluding Insured In-Home Persons Requiring Support to Whom the Domicile Exception Applies under the Long-Term Care Insurance provided by said Municipality, and including Insured In-Home Persons Requiring Support to Whom the Domicile Exception Applies who are undergoing Admission, etc. to a Facility Subject to Domicile Exception located within the area of said Municipality).

A mayor of a Municipality, in a case of an application as set forth in the preceding paragraph, when it corresponds to any of the following items, must not provide appointment as service provider as set forth in Article 59-2, paragraph (1):

when the applicant is not a person specified by Municipal Ordinance;

when the knowledge and skill of the employees of the Business Office pertaining to said application, and the number of its personnel, do not meet the standards as determined by Municipal Ordinance as set forth in Article 115-31-4, paragraph (1) and the number of employees as determined by Municipal Ordinance as prescribed in the same paragraph;

when it is determined that the applicant cannot appropriately operate the registered facility Preventive Long-Term Care Support Business in accordance with the standards concerning effective support methods for Prevention of Long-Term Care pertaining to Designated Registered Facility Preventive Long-Term Care Support or the standards concerning management of the business of Designated Registered Facility Preventive Long-Term Care Support as prescribed in Article 115-31-4, paragraph (2);

when the applicant is punished by imprisonment or a more severe penalty and execution of said penalty has not yet been completed or has not yet expired;

when the applicant is punished by a fine pursuant to the provisions of this Act or another Act concerning citizens' health and medical care or public aid as determined by a Cabinet Order and execution of said penalty has not yet been completed or has not yet expired;

when the applicant is punished by a fine pursuant to the provisions of laws concerning labor specified by Cabinet Order and execution of said penalty has not yet been completed or has not yet expired;

when the applicant, with regard to insurance premiums, etc., was subject, by the day before the day of making said application, to a disposition of delinquency based on the provisions of the Act that provides for the obligation to pay, and has continued, for a period of three months or more from the day of receiving said disposition without a justifiable reason, to be delinquent in all of the insurance premiums, etc. whose due dates arrived on or after the day of receiving said disposition;

when the applicant is a person whose designation has been rescinded pursuant to the provisions of Article 115-31-8 and five years have not elapsed from the date of said rescission (in a case when a person whose designation has been rescinded is a juridical person, including a person who was an Officer, etc., of said juridical person within sixty days prior to the date of notification pursuant to the provisions of Article 15 of the Administrative Procedure Act pertaining to the disposition of said rescission and five years have not elapsed from the date of said rescission, and in a case when a person whose designation has been rescinded is a Business Office that is not a juridical person, including a person who was a manager of said Business Office within sixty days prior to the date of said notification and five years have not elapsed from the date of said rescission), however, excluding a case in which the rescission of said designation falls under one that is specified by Order of the Ministry of Health, Labour and Welfare as being appropriate to treat as not falling under the rescission of the designation prescribed in the main clause of this item, among the rescissions of the designation of a Designated Registered Facility Preventive Long-Term Care Support Provider, in consideration of the facts that were the grounds for the disposition of said rescission, the status of efforts by said Designated Registered Facility Preventive Long-Term Care Support Provider toward the establishment of an operational control system to prevent the occurrence of said facts, and other matters on the degree of responsibility that said Designated Registered Facility Preventive Long-Term Care Support Provider had in relation to said facts;

when a person who has a close relationship with the applicant has had the designation rescinded pursuant to the provisions of Article 115-31-8 and five years have not elapsed from the date of said rescission, however, excluding a case in which the rescission of said designation falls under one that is specified by Order of the Ministry of Health, Labour and Welfare as being appropriate to treat as not falling under the rescission of the designation prescribed in the main clause of this item, among the rescissions of the designation of a Designated Registered Facility Preventive Long-Term Care Support Provider, in consideration of the facts that were the grounds for the disposition of said rescission, the status of efforts by said Designated Registered Facility Preventive Long-Term Care Support Provider toward the establishment of an operational control system to prevent the occurrence of said facts, and other matters on the degree of responsibility that said Designated Registered Facility Preventive Long-Term Care Support Provider had in relation to said facts;

when the applicant is a person who has provided notification of abolishment of business pursuant to the provisions of Article 115-31-5, paragraph (2) (except for a person that has a reasonable basis for abolishment of said business) during the period from the date of notification pursuant to the provisions of Article 15 of the Administrative Procedure Act pertaining to the disposition of rescission of the designation pursuant to the provisions of Article 115-31-8 to the date of making said disposition or the date of determining not to make the disposition, and five years have not elapsed from the date of said notification of abolishment;

when the applicant is a person who has provided notification of abolishment of business pursuant to the provisions of Article 115-31-5, paragraph (2) (excluding a person who has a reasonable basis for said abolishment of business) during the period from the date on which an inspection pursuant to the provisions of Article 115-31-6, paragraph (1) was conducted to the expected hearing decision date (meaning, in the case where the mayor of the Municipality, as provided by Order of the Ministry of Health, Labour and Welfare, has notified said applicant of a specific date within ten days from the date on which said inspection was conducted as the date on which it is expected to be decided, based on the result of said inspection, whether or not to hold a hearing concerning the disposition of rescission of the designation pursuant to the provisions of Article 115-31-8, said specific date), and five years have not elapsed from the date of said notification;

in the case where notification of abolishment of business pursuant to the provisions of Article 115-31-5, paragraph (2) has been provided during the period prescribed in item (x), when the applicant is a person who, within sixty days before the date of notification as set forth in the same item, was an Officer, etc., of a juridical person pertaining to said notification (except for a juridical person that has a reasonable basis for said abolishment of business) or a manager of a Business Office that is not a juridical person pertaining to said notification (except for one that has a reasonable basis for said abolishment of business), and five years have not elapsed from the date of said notification;

when the applicant is a person who performed a wrongful or significantly unjustifiable act concerning In-Home Service, etc. within five years prior to an application for designation;

when the applicant is a juridical person and any of its Officers, etc. is a person who falls under any of item (iv) through item (viii) or item (x) through the preceding item;

when the applicant is a Business Office that is not a juridical person and the manager of the Business Office is a person who falls under any of item (iv) through item (viii) or item (x) through item (xiii).

A Municipality, in establishing the Municipal Ordinance set forth in item (i) of the preceding paragraph, is to establish it in accordance with the standards specified by Order of the Ministry of Health, Labour and Welfare.

A mayor of a Municipality, when intending to designate an appointment as service provider as set forth in Article 59-2, paragraph (1), must take necessary measures in advance in order to reflect opinions of Insured Persons of Long-Term Care Insurance provided by said Municipality and other relevant persons.

A Designated Registered Facility Preventive Long-Term Care Support Provider must, in accordance with the standards concerning effective support methods for Prevention of Long-Term Care pertaining to Designated Registered Facility Preventive Long-Term Care Support and the standards concerning management of the business of Designated Registered Facility Preventive Long-Term Care Support prescribed in paragraph (2) of the following Article, offer appropriate Designated Registered Facility Preventive Long-Term Care Support according to the mental and physical condition, etc. of a Person Requiring Support, and endeavor to always offer it from the viewpoint of the person that receives Designated Registered Facility Preventive Long-Term Care Support by implementing self-evaluation of the quality of the Designated Registered Facility Preventive Long-Term Care Support that it provides and other measures.

A Designated Registered Facility Preventive Long-Term Care Support Provider, when it has confirmed the Opinion of the Certification Committee regarding an Insured Person through the presentation of the certificate of insured person, etc. by the Insured Person that intends to receive Designated Registered Facility Preventive Long-Term Care Support, must endeavor to provide said Designated Registered Facility Preventive Long-Term Care Support to said Insured Person in consideration of said Opinion of the Certification Committee.

A Designated Registered Facility Preventive Long-Term Care Support Provider that is the founder of a community general support center prescribed in Article 115-46, paragraph (1) may, as provided by Order of the Ministry of Health, Labour and Welfare, entrust a part of the Designated Registered Facility Preventive Long-Term Care Support to a person specified by Order of the Ministry of Health, Labour and Welfare.

A Designated Registered Facility Preventive Long-Term Care Support Provider must employ the number of employees that engage in said Designated Registered Facility Preventive Long-Term Care Support, as determined by Municipal Ordinance in accordance with the standards as determined by Municipal Ordinance, at each Business Office pertaining to said designation.

In addition to the provisions in the preceding paragraph, standards concerning effective support methods for Prevention of Long-Term Care pertaining to Designated Registered Facility Preventive Long-Term Care Support and standards concerning management of the business of Designated Registered Facility Preventive Long-Term Care Support are prescribed by Municipal Ordinance.

A Municipality, in establishing the Municipal Ordinances referred to in the preceding two paragraphs, is to establish the matters listed in the following items in accordance with the standards specified by Order of the Ministry of Health, Labour and Welfare, and is to take into account the standards specified by Order of the Ministry of Health, Labour and Welfare for other matters:

standards concerning employees that engage in Designated Registered Facility Preventive Long-Term Care Support and the number of said employees;

matters concerning the operation of the business of Designated Registered Facility Preventive Long-Term Care Support that are specified by Order of the Ministry of Health, Labour and Welfare as being closely related to the appropriate use of services by Persons Requiring Support who use them, appropriate treatment and ensuring safety, and maintaining confidentiality, etc.

The Minister of Health, Labour and Welfare, when intending to establish the standards specified by Order of the Ministry of Health, Labour and Welfare prescribed in the preceding paragraph (limited to the part pertaining to the handling of Designated Registered Facility Preventive Long-Term Care Support), must hear the opinion of the Social Security Council in advance.

A Designated Registered Facility Preventive Long-Term Care Support Provider, when it has provided notification of abolition or suspension of business pursuant to the provisions of paragraph (2) of the following Article, must provide coordination with other Designated Registered Facility Preventive Long-Term Care Support Providers and other relevant persons, and other convenience, to persons who received said Designated Registered Facility Preventive Long-Term Care Support within one month before the date of said notification and who wish to continue to be provided with service equivalent to said Designated Registered Facility Preventive Long-Term Care Support on or after the date of said abolition or suspension of business, so that necessary In-Home Service, etc. is provided continuously.

A Designated Registered Facility Preventive Long-Term Care Support Provider must respect the personality of a Person Requiring Support, act in compliance with this Act or an order based on this Act, and faithfully perform its duties for a Person Requiring Support.

A Designated Registered Facility Preventive Long-Term Care Support Provider, when the name and location of the Business Office pertaining to said designation or other matters as determined by Order of the Ministry of Health, Labour and Welfare are changed, or when the suspended business of said Designated Registered Facility Preventive Long-Term Care Support is recommenced, must provide notification of said fact to the mayor of the Municipality within ten days pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare.

A Designated Registered Facility Preventive Long-Term Care Support Provider, when intending to abolish or suspend the business of said Designated Registered Facility Preventive Long-Term Care Support, must provide notification of that fact to the mayor of the Municipality, as provided by Order of the Ministry of Health, Labour and Welfare, no later than one month before the date of the abolition or suspension.

A mayor of a Municipality, when it is determined to be necessary, may order a Designated Registered Facility Preventive Long-Term Care Support Provider, a person that was a Designated Registered Facility Preventive Long-Term Care Support Provider, or a person that was an employee of the Business Office pertaining to said designation (hereinafter referred to as a "Person, etc., that Was a Designated Registered Facility Preventive Long-Term Care Support Provider" in this paragraph) to report or to submit or present record books and documents, may request the Designated Registered Facility Preventive Long-Term Care Support Provider, an employee of the Business Office pertaining to said designation, or a Person, etc., that Was a Designated Registered Facility Preventive Long-Term Care Support Provider to appear, or may have personnel ask questions of the relevant persons, or enter the Business Office pertaining to said designation of said Designated Registered Facility Preventive Long-Term Care Support Provider, or an office or other place related to the business of Designated Registered Facility Preventive Long-Term Care Support, in order to inspect its record books and documents and other items.

The provisions of Article 24, paragraph (3) apply mutatis mutandis to questions or inspections as prescribed in the preceding paragraph, and the provisions of paragraph (4) of the same Article apply mutatis mutandis to the authority granted as prescribed in the preceding paragraph, respectively.

A mayor of a Municipality, when finding that a Designated Registered Facility Preventive Long-Term Care Support Provider falls under any of the cases listed in the following items, may, setting a due date, recommend to said Designated Registered Facility Preventive Long-Term Care Support Provider that it take the measures specified in each of those items.

if the knowledge or skill of the employees of the Business Office pertaining to said designation, or its number of personnel, fails to satisfy the standards specified by Municipal Ordinance under Article 115-31-4, paragraph (1) or the number of employees specified by Municipal Ordinance under that paragraph: to satisfy said standards specified by Municipal Ordinance or said number of employees specified by Municipal Ordinance;

if it does not appropriately operate the business of Designated Registered Facility Preventive Long-Term Care Support in accordance with the standards concerning effective support methods for Prevention of Long-Term Care pertaining to Designated Registered Facility Preventive Long-Term Care Support or the standards concerning management of the business of Designated Registered Facility Preventive Long-Term Care Support prescribed in Article 115-31-4, paragraph (2): to appropriately operate the business of Designated Registered Facility Preventive Long-Term Care Support in accordance with the standards concerning effective support methods for Prevention of Long-Term Care pertaining to said Designated Registered Facility Preventive Long-Term Care Support or the standards concerning management of the business of Designated Registered Facility Preventive Long-Term Care Support;

if it does not appropriately provide the convenience prescribed in Article 115-31-4, paragraph (5): to appropriately provide said convenience.

A mayor of a Municipality, in a case of providing a recommendation pursuant to the provisions of the preceding paragraph, may provide public notice of the fact that said Designated Registered Facility Preventive Long-Term Care Support Provider that is issued said recommendation did not act in compliance with said recommendation within the due date as set forth in the same paragraph.

A mayor of a Municipality, when a Designated Registered Facility Preventive Long-Term Care Support Provider that is issued a recommendation pursuant to the provisions of paragraph (1) does not implement the measures pertaining to said recommendation without a justifiable basis, may specify a due date and order said Designated Registered Facility Preventive Long-Term Care Support Provider to implement measures pertaining to said recommendation.

A mayor of a Municipality, when issuing an order pursuant to the provisions of the preceding paragraph, must issue public notice of said fact.