Long-Term Care Insurance Act

When an Insured Person to whom has been issued a Certification of Needed Support is subject to any of the following items, a Municipality may rescind said Certification of Needed Support. In this case, the Municipality, when it is determined to be necessary regarding the qualification of an Insured Person, may, pursuant to the provisions of Order of the Ministry of Health, Labour, and Welfare, is to request the Insured Person pertaining to said rescission to submit said Certificate of Insured Person, delete the entry of matters listed in the each item of Article 32, paragraph (6), and return the Certificate of Insured Person to the Insured Person. These items are:.

when the Insured Person fails to qualify aftercomply with an investigation pursuant to the provisions of Article 27, paragraph (2) as applied mutatis mutandis pursuant to the provisions of Article 32, paragraph (2) as applied mutatis mutandis pursuant to the preceding Article, paragraph (2), or the followingArticle 27, paragraph (in a case when said investigation is entrusted2) as applied mutatis mutandis pursuant to the provisions of Article 2832, paragraph (52) 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) or , Article 28, paragraph (2) of 5) as applied mutatis mutandis pursuant to the preceding Article , paragraph (2), or the followingArticle 28, paragraph (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 provisions of Article 32, paragraph (2) as applied mutatis mutandis pursuant to the following paragraph (3).

The provisions of Article 28, paragraph (5) to paragraph (8), Article 32, paragraph (2), paragraph (3),A Municipality, when it has made a rescission of Certification of Needed Support pursuant to the first sentenceprovisions of paragraph (4),the preceding paragraph (5), andlimited to the first sentence of paragraph (6) apply mutatis mutandis part pertaining to item (ii)), is to notify the Insured Person pertaining to asaid rescission of Certification of Needed Support pursuant to the provisions of the preceding paragraph, item (i). In this case,that fact, pursuant to the necessary technical replacementprovisions of terms for these provisions is specified by a Cabinet OrderOrder of the Ministry of Health, Labour and Welfare.

The provisions of Article 28, paragraph (5) to paragraph (8), Article 32, paragraph (2), paragraph (3), the first sentence of paragraph (4), paragraph (5), and the first sentence of paragraph (6) apply mutatis mutandis to a rescission of Certification of Needed Support pursuant to the provisions of paragraph (1) (limited to the part pertaining to item (i)). In this case, the necessary technical replacement of terms for these provisions is specified by a Cabinet Order.

A Municipality, when a notification was issued pursuant to the provisions of the preceding paragraph, may deem that the Insured Person pertaining to said notification has submitted an application as set forth in Article 32, paragraph (1), the Municipality requested the Certification Committee to conduct an examination or issue a judgment pursuant to the provisions of paragraph (3) of the same Article and the Municipality received a notification by the Certification Committee pursuant to the provisions of paragraph (4) of the same Article, and may issue the Insured Person a Certification of Needed Support. In this case, the Municipality is to notify said Insured Person , pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare, that a Certification of Needed Support is provided, enter and of the matters listed in each item of paragraph (6) of the same Article on the Certificate of Insured Person of said Insured Person, and return the Certificate of Insured Person to the Insured Person.

A Municipality, when a notification is issued pursuant to the provisions of the preceding paragraph, may deem that the Insured Person pertaining to said notification submitted an application as set forth in Article 27, paragraph (1), the Municipality requested the Certification Committee for a judgment or to conduct an examination pursuant to the provisions of paragraph (4) of the same Article, and the Municipality is provided a notification of the Certification Committee pursuant to the provisions of paragraph (5) of the same Article, and may issue the Insured Person a Certification of Needed Long-Term Care. In this case, the Municipality is to notify said Insured Person , pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare, that a Certification of Needed Long-Term Care is provided, enter and of the matters listed in each item of paragraph (7) of the same Article on the Certificate of Insured Person of said Insured Person, and return the Certificate of Insured Person to the Insured Person.

A Certification Committee, when it is determined that an Insured Person that is the subject of a requested examination or judgment pursuant to the provisions of Article 27, paragraph (4) as applied mutatis mutandis pursuant to Article 31, paragraph (2) is certified3) qualifies as a Person Requiring Support although said Insured Person fails to qualify as a Person Requiring Long-Term Care, may notify said result to the Municipality, notwithstanding the provision of Article 27, paragraph (5) as applied mutatis mutandis pursuant to Article 31, paragraph (23).

A Municipality, when a notification is issued pursuant to the provisions of the preceding paragraph, may deem that the Insured Person pertaining to said notification submitted an application as set forth in Article 32, paragraph (1), the Municipality requested the Certification Committee for an examination or judgment pursuant to the provisions of paragraph (3) of the same Article, and the Municipality received a notification of the Certification Committee pursuant to the provisions of paragraph (4) of the same Article, and may issue said Insured Person a Certification of Needed Support. In this case, the Municipality is to notify the Insured Person pertaining to said notification, pursuant to the provisions of Order of the Ministry of Health, Labour, and Welfare, is to request to Insured Person pertaining to said notification to submit such Insured Person's Certificatethat a Certification of Needed Support is provided and of Insured Person, enter the matters listed in each item of paragraph (6) of the same Article, and return the Certificate of Insured Person to the Insured Person.

In the case referred to in the preceding paragraph, the Municipality, when it is determined to be necessary regarding the qualification of an Insured Person, may request the Insured Person prescribed in that paragraph to submit the Certificate of Insured Person, pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare.

A Municipality, when providing a Certification of Needed Long-Term Care; a Renewal of Certification of Needed Long-Term Care; a Certification of Change of Category of Condition of Need for Long-Term Care pursuant to the provisions of Article 27, paragraph (7) or Article 30, paragraph (1) as applied mutatis mutandis pursuant to Article 29, paragraph (2), or Article 30, paragraph (1); a Certification of Needed Support; a Renewal of Certification of Needed Support; a Certification of Change of Category of Needed Support Condition pursuant to the provisions of Article 32, paragraph (6) or Article 33-3, paragraph (1) as applied mutatis mutandis pursuant to Article 33-2, paragraph (2), or Article 33-3, paragraph (1); (hereinafter simply referred to as "Certification" in this paragraph) may specify the type of services to be performed for an Insured Person pertaining to said Certification, including In-Home Service pertaining to Allowance for In-Home Long-Term Care Service or Exceptional Allowance for In-Home Long-Term Care Service, Community-Based Service pertaining to Allowance for Community-Based Long-Term Care Service or Exceptional Allowance for Community-Based Long-Term Care Service, Facility Service pertaining to Allowance for Long-Term Care Facility Service or Exceptional Allowance for Long-Term Care Facility Service, Preventive Long-Term Care Service pertaining to Allowance for Preventive Long-Term Care Service or Exceptional Allowance for Preventive Service of Long-Term Care, or Community-Based Service for Preventive Long-Term Care pertaining to Allowance for Community-Based Preventive Long-Term Care Service, or Exceptional Allowance for Community-Based Preventive Service of Long-Term Care, based on the opinionOpinion of the Certification Committee pertaining to the matter listed in Article 27, paragraph (5), item (i) (including a case it is applied mutatis mutandis pursuant to Article 28, paragraph (4), Article 29, paragraph (2), or Article 30, paragraph (2)) or Article 32, paragraph (4), item (i) (including a case it is applied mutatis mutandis pursuant to Article 33, paragraph (4), Article 33-2, paragraph (2), or Article 33-333-2, paragraph (2)). In this case, the Municipality is to enter on notify said Insured Person, pursuant to the Certificateprovisions of Insured Person Order of the Ministry of said Insured Person Health, Labour and Welfare, of the type of services pertaining to said specification including In-Home Service, Community-Based Service, Facility Service, Preventive Long-Term Care Service, or Community-Based Service for Preventive Long-Term Care, together with an entrythe notification pursuant to the provisions of Article 27, paragraph (7), second sentence (including a case it is applied mutatis mutandis pursuant to Article 28, paragraph (4) or, Article 29, paragraph (2)), , or Article 30, paragraph (1), second sentence,2)) or Article 35, paragraph (4), second sentence, or Article 32, paragraph (6), second sentence (including a case it is applied mutatis mutandis pursuant to Article 33, paragraph (4) or, Article 33-2, paragraph (2)), , or Article 33-3, paragraph (1) second sentence, 2)), or Article 35, paragraph (2), second sentence, or paragraph (6), second sentence, pertaining to said Certification.

An Insured Person specified pursuant to the provisions of the preceding paragraph, first sentence, may apply, pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare, for a change of type of services pertaining to said specification including In-Home Service, Community-Based Service, Facility Service, Preventive Long-Term Care Service, or Community-Based Service for Preventive Long-Term Care.

The In a case when the application as prescribed set forth in the preceding paragraph is to be submitted with the Certificate of Insured Person, a Municipality, pursuant to the provisions of Order of the Ministry of Health, Labour, and Welfare, when it hears the Opinion of the Certification Committee and determines it necessary, may change the type of services pertaining to said specification including In-Home Service, Community-Based Service, Facility Service, Preventive Long-Term Care Service, or Community-Based Service for Preventive Long-Term Care.

InWhen a case when Municipality, with regard to an Insured Person pertaining to the application as set forth in paragraph (2) is submitted, a Municipality, , has changed the type of services pertaining to the specification pursuant to the provisions of Order of the Ministry of Health, Labour, and Welfare, when it hears the opinion of the Certification Committee and determines it necessary, may changeparagraph (1), first sentence, including In-Home Service, Community-Based Service, Facility Service, Preventive Long-Term Care Service, or Community-Based Service for Preventive Long-Term Care pursuant to the typeprovisions of services pertaining the preceding paragraph, it is, pursuant to said specification including In-Home Service, Community-Based Service, Facility Service, Preventive Long-Term Care Service, or Community-Based Service for Preventive Long-Term Carethe provisions of Order of the Ministry of Health, Labour and Welfare, to notify said Insured Person of said result.

A prefecture, with regard to affairs pursuant to the provisions of Article 27 to Article 35 and the preceding Article that a Municipality performs, may cooperate regarding technical matters at, through the public aid office it establishes (those offices regarding public aid provided by the Social Welfare Act (Act No. 45 of 1951))) or a health center, it establishes, cooperate regarding technical matters and provide other necessary assistance to a Municipality.

With regard to a Municipality that entrusts examinations and judgments to a prefecture, in a case of applying the provisions of Article 27 (including a case applied mutatis mutandis pursuant to Article 28, paragraph (4), Article 29, paragraph (2), Article 30, paragraph (2), Article 31, paragraph (23) or Article 32, paragraph (5)), Article 30, Article 32 (including a case applied mutatis mutandis pursuant to Article 33, paragraph (4), Article 33-2, paragraph (2), Article 33-3, paragraph (2), or Article 34, paragraph (23)), Article 33-3 orand Article 35 to the preceding Article, the term "Certification Committee" is deemed to be replaced with "Prefectural Certification Committee of Needed Long-Term Care."