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Article 29第二十九条
Certification of Change of Category of Condition of Need for Long-Term Care（要介護状態区分の変更の認定）
Article 29, paragraph (1)
An Insured Person that was issued a Certification of Needed Long-Term Care, when it is determined that the degree of necessity of care qualifies for a Category of Condition of Need for Long-Term Care other than the Category of Condition of Need for Long-Term Care pertaining to the Certification of Needed Long-Term Care which is currently issued, may apply to a Municipality for a Certification of Change of Category of Condition of Need for Long-Term Care, pursuant to the provisions of Order of the Ministry of Health, Labour, and Welfare.
The provisions of Article 27 and the preceding Article, paragraphs (5) to (8) apply mutatis mutandis to an application as prescribed in the preceding paragraph and to a Certification of Change of Category of Condition of Need for Long-Term Care pertaining to said application. In this case, the necessary technical replacement of the terms of these provisions shall be provided by a Cabinet Order.
A Municipality, when it is determined that an Insured Person that was issued a Certification of Needed Long-Term Care, qualifies for a Category of Condition of Need for Long-Term Care other than the Category of Condition of Need for Long-Term Care pertaining to said Certification of Needed Long-Term Care due to a lowering of the degree of necessity of long-term care, may certify a change of Category of Condition of Need for Long-Term Care. In this case, the Municipality is to request the Insured Person pertaining, when it determines it necessary with regard to said changethe qualification of certification to submit said Certificate ofan Insured Person, shall enter the Category of Condition of Need for Long-Term Care pertainingmay, pursuant to said change of certification and the opinionprovisions of the Certification Committee pursuant to the provisionsOrder of the second sentenceMinistry of Article 27, paragraph (5) as applied mutatis mutandis pursuant toHealth, Labour and Welfare, request the following paragraph (limited to those changesInsured Person pertaining to matters listed in item (ii)said change of the same paragraph), and then returnCertification to submit said Certificate of Insured Person to the Insured Person.
The provisions of Article 27, paragraphs (2) to (6), the first sentence of paragraph (7), and Article 28, paragraphs (5) to (8) apply mutatis mutandis to a Certification of Change of Category of Condition of Need for Long-Term Care as prescribed in the preceding paragraph. In this case, the necessary technical replacement of the terms of these provisions shall be provided by a Cabinet Order.
Article 31, paragraph (1)（要介護認定の取消し）(Rescission of Certification of Needed Long-Term Care)Changed
When an Insured Person that was issued a Certification of Needed Long-Term Care is subject to any of the following items, a Municipality may rescind said Certification of Needed Long-Term Care. In this case, the Municipality, when it determines it necessary with regard to the qualification of an Insured Person, may, pursuant to the provisions of Order of the Ministry of Health, Labour, and Welfare, the Municipality is to request the Insured Person pertaining to said rescission to submit said Certificate of Insured Person, delete the entry of matters listed in each item of Article 27, paragraph (7), and return the Certificate of Insured Person to the Insured Person:
when the Municipality determines that the Insured Person fails to or no longer qualifies as a Person Requiring Long-Term Care;
要介護者に該当しなくなったと認めるとき。
Article 31, paragraph (1), item (ii)（要介護認定の取消し）(Rescission of Certification of Needed Long-Term Care)Changed
when the Insured Person fails to comply with an investigation pursuant to the provisions of Article 27, paragraph (2) as applied mutatis mutandis pursuant to the preceding Article, paragraph (2) and the following, or Article 27, paragraph (2) as applied mutatis mutandis pursuant to paragraph (3) (in a case when said investigation is entrusted pursuant to the provisions of Article 24-2, paragraph (1), item (ii), Article 28, paragraph (5) as applied mutatis mutandis pursuant to Article 24-2, paragraph (1), item (iithe preceding Article, paragraph (2), the precedingor Article 28, paragraph (2), or the following 5) as applied mutatis mutandis pursuant to paragraph (3), including an investigation pertaining to said entrustment) without a justifiable reason, or when the Insured Person fails to act in compliance with an order for diagnosis pursuant to the provisions of the proviso of Article 27, paragraph (3) as applied mutatis mutandis pursuant to the preceding Article, paragraph (2), andor the following proviso of Article 27, paragraph (3) as applied mutatis mutandis pursuant to paragraph (3).
Article 31, paragraph (2)（要介護認定の取消し）(Rescission of Certification of Needed Long-Term Care)Changed
The provisions of Article 27, paragraphs (2) to (4), the first sentence A Municipality, when it has made a rescission of Certification of paragraph (5), paragraph (6), the first sentenceNeeded Long-Term Care pursuant to the provisions of the preceding paragraph (7), and Article 28, paragraphs (5) limited to the part pertaining to item (ii)), is to (8) apply mutatis mutandis notify the Insured Person pertaining to asaid rescission of a Certification of Needed Long-Term Care pursuant to the provisions of the preceding paragraph, item (i). In this case,that fact, pursuant to the necessary technical replacementprovisions of Order of the termsMinistry of these provisions shall be provided by a Cabinet OrderHealth, Labour and Welfare.
Article 31, paragraph (3)（要介護認定の取消し）(Rescission of Certification of Needed Long-Term Care)Added
The provisions of Article 27, paragraphs (2) to (4), the first sentence of paragraph (5), paragraph (6), the first sentence of paragraph (7), and Article 28, paragraphs (5) to (8) apply mutatis mutandis to a rescission of Certification of Needed Long-Term Care pursuant to the provisions of paragraph (1) (limited to the part pertaining to item (i)). In this case, the necessary technical replacement of the terms of these provisions shall be provided by a Cabinet Order.
Article 32, paragraph (1)（要支援認定）(Certification of Needed Support)Changed
An Insured Person that intends to receive a Certification of Needed Support, pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare, must submit to a Municipality a writtenan application with the Certificate of Insured Person attached. In this case, said Insured Person may, pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare, have a provider or facility listed in the items of Article 27, paragraph (1) perform the procedures pertaining to said application on behalf of the Insured Person.
The provisions of Article 27, paragraphs (2) and (3) apply mutatis mutandis to an investigation pertaining to an application as prescribed in the preceding paragraph, opinions of an attending physician of the Insured Person pertaining to an application as set forth in the same paragraph, and an order for diagnosis to said Insured Person.
A Municipality is to notify the Certification Committee of the result of an investigation as set forth in Article 27, paragraph (2) as applied mutatis mutandis pursuant to the preceding paragraph (in a case when the investigation is entrusted pursuant to the provisions of Article 24-2, paragraph (1), item (ii), including an investigation pertaining to said entrustment), the opinion of an attending physician as set forth in Article 27, paragraph (3) as applied mutatis mutandis pursuant to the preceding paragraph, the result of a diagnosis of a designated physician or its personnel who is a physician, or other matters specified by Order of the Ministry of Health, Labour, and Welfare, and request an examination and judgment pertaining to matters as prescribed in each said item according to the category of Insured Person listed in the following items with regard to the Insured Person pertaining to an application as set forth in paragraph (1):
Primary Insured Person:those who qualify for a Needed Support Condition and Category of Needed Support Condition for which said condition qualifies;
第一号被保険者 要支援状態に該当すること及びその該当する要支援状態区分
Article 32, paragraph (3), item (ii)（要支援認定）
Secondary Insured Person:those who qualify for a Needed Support Condition, a Category of Needed Support Condition for which said condition qualifies, and the physical or mental problem(s) that is the cause of said Needed Support Condition as caused by a Specified Disease.
A Certification Committee, when being requested to perform an examination and judgment pursuant to the provisions of the preceding paragraph, is to act in compliance with standards as determined by the Minister of Health, Labour, and Welfare, examine and judge matters as prescribed in each item of the same paragraph of an Insured Person pertaining to said examination and judgment, and notify the Municipality of said result. In this case, a Certification Committee, when it determines necessary, may state opinions to the Municipality regarding the following matters:
matters of necessary medical care for or support pertaining to domestic home duties for the reduction or prevention of deterioration of a Needed Support Condition of said Insured Person;
当該被保険者の要支援状態の軽減又は悪化の防止のために必要な療養及び家事に係る援助に関する事項
Article 32, paragraph (4), item (ii)（要支援認定）
matters that said Insured Person should give heed to regarding the appropriate and effective use, etc. of Designated Preventive Long-Term Care Service prescribed in Article 53, paragraph (1), Designated Community-Based Service for Preventive Long-Term Care prescribed in Article 54-2, paragraph (1), or a Specified Comprehensive Project for Long-Term Care Prevention and Daily Life Support.
The provisions of Article 27, paragraph (6) apply mutatis mutandis to an examination and judgment as prescribed in the first sentence of the preceding paragraph.
第二十七条第六項の規定は、前項前段の審査及び判定について準用する。
Article 32, paragraph (6)（要支援認定）(Certification of Needed Support)Changed
A Municipality, when providing Certification of Needed Support based on the results of an examination and judgment of a Certification Committee that is notified pursuant to the provisions of the first sentence of paragraph (4), is to notify the Insured Person pertaining to said Certification of Needed Support of said result. In this case, a Municipality shall enter the following items on notify said Insured Person, pursuant to the Certificateprovisions of Insured PersonOrder of said Insured Person and return the Certificatethe Ministry of Health, Labour and Welfare, of Insured Person to the Insured Personfollowing items:
opinions of the Certification Committee pertaining to matters listed in paragraph (4), item (ii).
第四項第二号に掲げる事項に係る認定審査会の意見
Article 32, paragraph (7)（要支援認定）
A Certification of Needed Support becomes effective retroactively on the date that said application was submitted.
要支援認定は、その申請のあった日にさかのぼってその効力を生ずる。
Article 32, paragraph (8)（要支援認定）(Certification of Needed Support)Changed
A Municipality, when it is determined that the Insured Person predating pertaining to the application as set forth in paragraph (1) fails to qualify the as a Person Requiring Support based on the results of an examination and judgment of a Certification Committee that is notified pursuant to the provisions of the first sentence of paragraph (4), is to notify said Insured Person pertaining of, pursuant to the results, indicating provisions of Order of the reasons, and return the Certificate of Insured Person to said Insured PersonMinistry of Health, Labour and Welfare, of that fact, indicating the reasons.
The provisions of Article 27, paragraph (10) to (12) apply mutatis mutandis to an application as set forth in paragraph (1) and the action for said application.
第二十七条第十項から第十二項までの規定は、第一項の申請及び当該申請に対する処分について準用する。
Article 33第三十三条
Renewal of Certification of Needed Support（要支援認定の更新）
Article 33, paragraph (1)
A Certification of Needed Support is effective according to the Category of Needed Support Condition during the period as determined by Order of the Ministry of Health, Labour, and Welfare (herein referred to as "Effective Period" in this Article).
An Insured Person that has been issued a Certification of Needed Support, when he or she is expected to be in a Needed Support Condition after the expiry of the Effective Period, may apply to the Municipality for application of renewal of said Certification of Needed Support (herein referred to as "Renewal of Certification of Needed Support") pursuant to the provisions of Order of the Ministry of Health, Labour, and Welfare.
In a case when an Insured Person that may apply for the application as set forth in the preceding paragraph was not able to apply for said application prior to expiry of the Effective Period of Certification of Needed Support pertaining to said application due to a disaster or other compelling reason, said Insured Person may apply for a Renewal of Certification of Needed Support within one month from the date on which said reasons are no longer valid.
The provisions of the preceding Article (except for paragraph (7)) and Article 28, paragraphs (5) to (8) apply mutatis mutandis to an application as prescribed in the preceding two paragraphs and a Renewal of Certification of Needed Support pertaining to said application. In this case, the necessary technical replacement of the terms of these provisions is specified by a Cabinet Order.
A Renewal of Certification of Needed Support pertaining to an application as set forth in paragraph (3) becomes effective retroactively on the date following the date of expiry of the Effective Period of Certification of Needed Support pertaining to said application.
The provisions of paragraph (1) apply mutatis mutandis to a Renewal of Certification of Needed Support. In this case, the phrase "period as determined by Order of the Ministry of Health, Labour, and Welfare" in the same paragraph is deemed to be replaced with "period as determined by Order of the Ministry of Health, Labour, and Welfare from the date following the expiry of the Effective Period."
Certification of Change of Category of Needed Support Condition（要支援状態区分の変更の認定）
Article 33-2, paragraph (1)
An Insured Person that has been issued a Certification of Needed Support, when it is determined that the degree of Needed Support Condition qualifies for a Category of Needed Support Condition other than the Category of Needed Support Condition pertaining to said Certification of Needed Support that is issued currently, may apply to the Municipality for a certification of change of Category of Needed Support Condition, pursuant to the provisions of Order of the Ministry of Health, Labour, and Welfare.
The provisions of Article 28, paragraph (5) to paragraph (8), and Article 32 apply mutatis mutandis to an application as prescribed in the preceding paragraph and change of Category of Needed Support Condition pertaining to said application. In this case, the necessary technical replacement of terms for these provisions is specified by a Cabinet Order.
A Municipality, when it is determined that an Insured Person that has been issued a Certification of Needed Support qualifies for a Category of Needed Support Condition other than the Category of Needed Support Condition pertaining to said Certification of Needed Support due to a lowering of the degree of Needed Support Condition, may certify a change of Category of Needed Support Condition. In this case, the Municipality is to request the Insured Person pertaining, when it is determined to said change of certification to submit said Certificatebe necessary regarding the qualification of an Insured Person, shall enter the Category of Needed Support Condition pertainingmay, pursuant to said change of certification and the opinionprovisions of the Certification Committee pursuant to the provisionsOrder of the second sentenceMinistry of Article 32, paragraph (4) as applied mutatis mutandis pursuant toHealth, Labour and Welfare, request the following paragraph (limited to thoseInsured Person pertaining to matters listed in item (ii)said change of the same paragraph), and then return theCertification to submit said Certificate of Insured Person to the Insured Person.
The provisions of Article 28, paragraph (5) to paragraph (8), and Article 32, paragraph (2) to paragraph (5), and the first sentence of paragraph (6),6) apply mutatis mutandis to a certificationCertification of Changechange of Category of Needed Support Condition as prescribed in the preceding paragraph. In this case, the necessary technical replacement of terms of these provisions is specified by a Cabinet Order.