The main text is read a page at a time: a chapter to a page, and a long chapter in runs of articles. The whole main text, and the supplementary provisions and appended tables this amendment changes. Those it leaves untouched are on the page for the text in force.
Section 2 Designated In-Home Service Providers第二節 指定居宅サービス事業者
Article 70第七十条
Appointment as service provider of a Designated In-Home Service Provider（指定居宅サービス事業者の指定）
An appointment as service provider as set forth in the main clause of Article 41, paragraph (1) is to be provided pursuant to the provisions of Order of the Ministry of Health, Labour, and Welfare, by the submission of an application of a person that operates an In-Home Service Business, and by type of In-Home Service and provider that operates said In-Home Service Business pertaining to the type of said In-Home Service (hereinafter referred to simply as "Business Office" in this Section).
A prefectural governor, in a case of an application as set forth in the preceding paragraph, when any of the following items (excluding item (vi)-2, item (vi)-3, item (x)-2 and item (xii) with regard to an application of appointment as service provider pertaining to Guidance for Management of In-Home Medical Long-Term Care provided by a Hospital, etc., or Home-Visit Nursing, Home-Visit Rehabilitation, Outpatient Rehabilitation or Short-Term Admission for Recuperation provided by a hospital or a clinic) applies, must not provide the appointment as service provider as set forth in the main clause of Article 41, paragraph (1):
when the knowledge and skill of the employees and the number of personnel of the Business Office pertaining to said application do not meet the standards specified by Prefectural Ordinance as set forth in Article 74, paragraph (1) and the number of employees specified by Prefectural Ordinance as set forth in the same paragraph;
when it is determined that the applicant cannot perform a proper In-Home Service Business in accordance with standards pertaining to facilities and management of a Designated In-Home Service Business as prescribed in Article 74, 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 any other Act pertaining to medical service or the welfare of citizens as provided by a Cabinet Order and the 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;
Article 70, paragraph (2), item (v-3)（指定居宅サービス事業者の指定）(Appointment as service provider of a Designated In-Home Service Provider)Changed
when the applicant has, with regard to insurance premiums, charges or contributions (including National Health Insurance tax pursuant to the provisions of the Local Tax Act; hereinafter referred to as "insurance premiums, etc."except in this item, Article 78-2, paragraph (4), item (v)-3, Article 7986, paragraph (2), item (iv)-3, Article 94, paragraph (3), item (v)-3, Article 107, paragraph (3), item (vii), Article 115-2, paragraph (2), item (v)-3, Article 115-12, paragraph (2), item (v)-3, Article 115-22, paragraph (2), item (iv)-3 and Article 203, paragraph (2)(c), hereinafter referred to as "insurance premiums, etc.") that the applicant is obligated to pay under the provisions of the social insurance Acts or the Act on the Collection, etc. of Insurance Premiums of Labor Insurance (Act No. 84 of 1969), been subject, by the day before the day of making said application, to a disposition of delinquency based on the provisions of those Acts, 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 (limited to insurance premiums, etc. that the person subject to said disposition is obligated to pay under an Act that provides that the person is obligated to pay the insurance premiums, etc. pertaining to said disposition; the same appliesexcept in Article 78-2, paragraph (4), item (v)-3, Article 79, paragraph (2), item (iv)-3, Article 94, paragraph (3), item (v)-3, Article 107, paragraph (3), item (vii), Article 115-2, paragraph (2), item (v)-3, Article 115-12,(c) of that paragraph (2), item (v)-3 and Article 115-22, paragraph (2), item (iv)-3, the same applies hereinafter);
when the applicant (excluding an applicant for designation pertaining to daily life long-term care for a person admitted to a Specified Facility) is a person whose designation (excluding designation pertaining to daily life long-term care for a person admitted to a Specified Facility) has been rescinded pursuant to the provisions of Article 77, 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 is or was an Officer of said juridical person (meaning a member who executes business, a director, an executive officer or a person equivalent to them, and including a person, whatever the title, such as advisor or consultant, who is found to have control over a juridical person equal to or greater than that of a member who executes business, a director, an executive officer or a person equivalent to them; the same applies in Section 5 and Article 203, paragraph (2)), a person who manages the Business Office, or other employee specified by Cabinet Order (hereinafter referred to as "Officer, etc.") within sixty days prior to the date of notification pursuant to the provisions of Article 15 of the Administrative Procedure Act pertaining to 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 is or 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 In-Home Service Provider, in consideration of the facts that were the grounds for the disposition of said rescission, the status of efforts by said Designated In-Home Service 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 In-Home Service Provider had in relation to said facts;
when the applicant (limited to an applicant for designation pertaining to daily life long-term care for a person admitted to a Specified Facility) is a person whose designation (limited to designation pertaining to daily life long-term care for a person admitted to a Specified Facility) has been rescinded pursuant to the provisions of Article 77, 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 is or 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 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 is or 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 In-Home Service Provider, in consideration of the facts that were the grounds for the disposition of said rescission, the status of efforts by said Designated In-Home Service 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 In-Home Service Provider had in relation to said facts;
when a person that has a close relationship with the applicant (meaning a juridical person that has a close relationship with said applicant as specified by Order of the Ministry of Health, Labour and Welfare, from among a person specified by Order of the Ministry of Health, Labour and Welfare as being in a relationship of substantially controlling the business of the applicant (limited to a juridical person; the same applies hereinafter in this item), or exerting a significant influence on its business, through the ownership of shares or other grounds (hereinafter referred to as the "parent company, etc. of the applicant" in this item), a person specified by Order of the Ministry of Health, Labour and Welfare as being in a relationship in which the parent company, etc. of the applicant substantially controls its business or exerts a significant influence on its business through the ownership of shares or other grounds, or a person specified by Order of the Ministry of Health, Labour and Welfare as being in a relationship in which said applicant substantially controls its business or exerts a significant influence on its business through the ownership of shares or other grounds; the same applies hereinafter in this Chapter) is a person whose designation has been rescinded pursuant to the provisions of Article 77, paragraph (1) or Article 115-35, paragraph (6) 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 In-Home Service Provider, in consideration of the facts that were the grounds for the disposition of said rescission, the status of efforts by said Designated In-Home Service 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 In-Home Service Provider had in relation to said facts;
when the applicant is a person that provided notification of abolishment of business pursuant to the provisions of Article 75, paragraph (2) from the date of notification pursuant to the provisions of Article 15 of the Administrative Procedure Act pertaining to a disposition of rescission of the designation pursuant to the provisions of Article 77, paragraph (1) or Article 115-35, paragraph (6) to the date on which said disposition is made or the date on which it is determined not to make a disposition (except for a person 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 that provided notification of abolishment of business pursuant to the provisions of Article 75, paragraph (2) during the period from the date on which an inspection pursuant to the provisions of Article 76, paragraph (1) was conducted to the expected hearing decision date (meaning, where the prefectural governor has, pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare, notified said applicant of a specific date within 10 days from the date on which said inspection was conducted as the date on which a decision is expected to be made, based on the result of said inspection, as to whether or not to hold a hearing pertaining to a disposition of rescission of the designation pursuant to the provisions of Article 77, paragraph (1), 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 the case where a notification of abolishment of business pursuant to the provisions of Article 75, paragraph (2) has been submitted within the period prescribed in item (vii), when the applicant is a person that was, within sixty days prior to the date of notification set forth in the same item, an Officer, etc. of a juridical person pertaining to said notification (excluding 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 (excluding 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 performed a wrongful or significantly unjustifiable act pertaining to In-Home Service, etc., within five years prior to an application of appointment as service provider;
when the applicant (excluding an applicant for designation pertaining to daily life long-term care for a person admitted to a Specified Facility) is a juridical person and any of its Officers, etc. is a person who corresponds to any of item (iv) through item (vi) or item (vii) through the preceding item;
when the applicant (limited to an applicant for designation pertaining to daily life long-term care for a person admitted to a Specified Facility) is a juridical person and any of its Officers, etc. is a person who corresponds to any of item (iv) through item (v)-3, item (vi)-2, or item (vii) through item (ix);
when the applicant (excluding an applicant for designation pertaining to daily life long-term care for a person admitted to a Specified Facility) is a Business Office that is not a juridical person and a manager of said Business Office is a person who corresponds to any of item (iv) through item (vi) or item (vii) through item (ix);
when the applicant (limited to an applicant for designation pertaining to daily life long-term care for a person admitted to a Specified Facility) is a Business Office that is not a juridical person and a manager of said Business Office is a person who corresponds to any of item (iv) through item (v)-3, item (vi)-2, or item (vii) through item (ix).
A prefecture, in establishing the Prefectural 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.
都道府県が前項第一号の条例を定めるに当たっては、厚生労働省令で定める基準に従い定めるものとする。
Article 70, paragraph (4)（指定居宅サービス事業者の指定）
In a case of an application as set forth in paragraph (1) for Daily Life Care of a Patient Admitted to a Specialized Long-Term Care Specified Facility (which means Daily Life Long-Term Care Admitted to a Specified Facility provided to a Person Requiring Long-Term Care who is admitted to a Specialized Long-Term Care Specified Facility; the same applies hereinafter), a prefectural governor, when the total sum of the capacity of users of Daily Life Care of a Patient Admitted to a Specialized Long-Term Care Specified Facility and the total capacity of users of Daily Life Long-Term Care for a Person Admitted to a Community-Based Specified Facility in the area including the location of the Business Office pertaining to said application (which is to be the area specified by said prefecture pursuant to the provisions of Article 118, paragraph (2), item (i)) has reached or is it determined to exceed due to the appointment as service provider of said business pertaining to said application the total sum of the total capacity of users of Daily Life Care of a Patient Admitted to a Specialized Long-Term Care Specified Facility and the total capacity of users of Daily Life Long-Term Care for a Person Admitted to a Community-Based Specified Facility in the area as prescribed by a Prefectural Insured Long-Term Care Support Project Plan provided by said prefecture pursuant to the provisions of paragraph (1) of the same Article, or when it is determined that said application may interfere with the accomplishment of said Prefectural Insured Long-Term Care Support Project Plan, may determine not to execute the appointment as service provider as set forth in the main clause of Article 41, paragraph (1).
In a case of an application as set forth in paragraph (1) for Daily Life Activities of a Long-Term Care Patient Admitted to a Combined Specified Facility (which means Daily Life Long-Term Care Admitted to a Specified Facility provided for a Person Requiring Long-Term Care who is a resident in a Specified Facility other than a Specialized Long-Term Care Specified Facility; the same applies herein), a prefectural governor, when the total of assumed capacity of users of Daily Life Activities of a Long-Term Care Patient Admitted to a Combined Specified Facility (which means a capacity calculated pursuant to the provisions of Order of the Ministry of Health, Labour, and Welfare) in the area including the location of the Business Office pertaining to said application (which means an area provided by said prefecture pursuant to the provisions of Article 118, paragraph (2), item (i)) has been reached or is it determined that said capacity will be exceeded by the appointment as service provider pertaining to said application the total of prospective capacity of necessary users of Daily Life Activities of a Long-Term Care Patient Admitted to a Combined Specified Facility (which means a capacity calculated pursuant to the provisions of Order of the Ministry of Health, Labour, and Welfare) in said area provided by a Prefectural Insured Long-Term Care Support Project Plan provided by said prefecture pursuant to the provisions of paragraph (1) of the same Article, or when it is determined that said application may interfere with the accomplishment of said Prefectural Insured Long-Term Care Support Project Plan, may determine not to execute an appointment as service provider as set forth in the main clause of Article 41, paragraph (1).
A prefectural governor, when he or she intends to determine an appointment as service provider as set forth in the main clause of Article 41, paragraph (1) (limited to Daily Life Long-Term Care Admitted to a Specified Facility or other In-Home Service as determined by Order of the Ministry of Health, Labour, and Welfare), must provide notice of matters as determined by Order of the Ministry of Health, Labour, and Welfare to the mayor of the relevant Municipality, specify a reasonable period, and request opinions from the perspective of coordination with the Municipal Insured Long-Term Care Service Plan as prescribed in Article 117, paragraph (1) of said relevant Municipality.
The mayor of a relevant Municipality may, pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare, request the prefectural governor to notify said mayor of the relevant Municipality to that effect in advance, when the prefectural governor intends to make the designation prescribed in the main clause of Article 41, paragraph (1) (excluding that pertaining to In-Home Service specified by Order of the Ministry of Health, Labour and Welfare under the preceding paragraph; the same applies in the following paragraph). In this case, said prefectural governor must comply with the request.
The mayor of a relevant Municipality, upon receiving the notification under the provisions of the preceding paragraph, may, pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare, submit to the prefectural governor an opinion, from the perspective of coordination with the Municipal Insured Long-Term Care Service Plan prescribed in Article 117, paragraph (1) of said relevant Municipality, regarding the designation prescribed in the main clause of Article 41, paragraph (1).
A prefectural governor may, in consideration of the opinions under paragraph (6) or the preceding paragraph, attach conditions found necessary for ensuring appropriate operation of said business when making the designation prescribed in the main clause of Article 41, paragraph (1).
The mayor of a Municipality may, in the case where a Business Office conducting the business of a person who has received the designation prescribed in the main clause of Article 42-2, paragraph (1) and conducts the business of Periodic Patrol and On-Demand Home-Visit Long-Term Care and Nursing, etc. (meaning Community-Based Service other than Communal Daily Long-Term Care for a Dementia Patient, Daily Life Long-Term Care for a Person Admitted to a Community-Based Specified Facility, and Daily Life Long-Term Care for a Person Admitted to a Community-Based Facility for the Elderly Covered by Public Aid Requiring Long-Term Care, being Periodic Patrol and On-Demand Home-Visit Long-Term Care and Nursing, Multifunctional Long-Term Care in a Small Group Home, or other service specified by Order of the Ministry of Health, Labour and Welfare; the same applies hereinafter in this Article), pertaining to said designation (hereinafter referred to as a "Business Office for Periodic Patrol and On-Demand Home-Visit Long-Term Care and Nursing, etc." in this paragraph) is located in the area of said Municipality, or in any other case specified by Order of the Ministry of Health, Labour and Welfare, and the mayor finds that any of the following items applies, request the prefectural governor, pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare, to hold the consultation necessary for securing the prospective volume of Periodic Patrol and On-Demand Home-Visit Long-Term Care and Nursing, etc. in the area including said Municipality or the location of said Business Office for Periodic Patrol and On-Demand Home-Visit Long-Term Care and Nursing, etc. (meaning the area determined by said Municipality pursuant to the provisions of Article 117, paragraph (2), item (i); hereinafter referred to as the "Daily Activities Area" in this paragraph) that is set out in the Municipal Insured Long-Term Care Service Plan determined by said Municipality (meaning the Municipal Insured Long-Term Care Service Plan prescribed in Article 117, paragraph (1); the same applies hereinafter in this paragraph), with regard to the designation prescribed in the main clause of Article 41, paragraph (1) pertaining to Home-Visit Long-Term Care, Outpatient Day Long-Term Care and other In-Home Service specified by Order of the Ministry of Health, Labour and Welfare (limited to that provided by Business Offices located in the area of said Municipality). In this case, said prefectural governor must comply with the request.
when the volume of each type of In-Home Service (limited to that for which consultation is to be held pursuant to the provisions of this paragraph; the same applies hereinafter in this item and the following paragraph) in said Municipality or Daily Activities Area has already reached the prospective volume of each type of said In-Home Service in said Municipality or Daily Activities Area set out in the Municipal Insured Long-Term Care Service Plan determined by said Municipality, or would exceed it through the designation of the provider pertaining to the application under paragraph (1);
in any other case where there is a risk of hindering the achievement of said Municipal Insured Long-Term Care Service Plan.
その他当該市町村介護保険事業計画の達成に支障を生ずるおそれがあるとき。
Article 70, paragraph (11)（指定居宅サービス事業者の指定）
A prefectural governor may, based on the result of the consultation under the preceding paragraph, in the case where an application under paragraph (1) is made for In-Home Service provided by a Business Office located in the area under the jurisdiction of the mayor of the Municipality who requested the consultation, decide, in accordance with the standards specified by Order of the Ministry of Health, Labour and Welfare, not to make the designation prescribed in the main clause of Article 41, paragraph (1), or attach, when making the designation prescribed in the main clause of that paragraph, conditions found necessary for ensuring appropriate operation of the business of Periodic Patrol and On-Demand Home-Visit Long-Term Care and Nursing, etc.