Long-Term Care Insurance Act

An appointment as service provider as set forth in the main clause of Article 41, paragraph (1), if it is not renewed within a period of six years, ceases to be effective when said period expires.

In a case of an application of renewal as set forth in the preceding paragraph, when the disposition of said application does not occur prior to the expiry of the period as set forth in the same paragraph (herein referred to as "Effective Period of Designation as Service Provider" in this Article), the prior appointment as service provider remains effective 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 the preceding Article apply mutatis mutandis to a renewal of appointment as service provider as set forth in paragraph (1).

A person who has received the designation prescribed in the main clause of Article 41, paragraph (1) and conducts the business of daily life long-term care for a person admitted to a Specified Facility, when intending to increase the maximum number of users of the daily life long-term care for a person admitted to a Specified Facility pertaining to the designation prescribed in the main clause of that paragraph, may apply in advance, pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare, for a change of the designation prescribed in the main clause of that paragraph pertaining to said daily life long-term care for a person admitted to a Specified Facility.

The provisions of Article 70, paragraphs (4) through (6) apply mutatis mutandis to a case when an application for the change of appointment as service provider as set forth in the preceding paragraph is submitted. In this case, the phrase "not to execute the appointment as service provider" in paragraph (4) of the same Article and the phrase "not to execute an appointment as service provider" in paragraph (5) of the same Article are deemed to be replaced with "to refuse the change of the appointment as service provider" and "to refuse the change of an appointment as service provider", respectively.

With regard to a Hospital, etc., when a medical facility that provides insured services or a pharmacy that provides insured services is appointed pursuant to the provisions of Article 63, paragraph (3), item (i) of the Health Insurance Act (including when it is deemed that the appointment under that item was made pursuant to the provisions of Article 69 of the same Act), it is deemed that the establisher of said Hospital, etc. was provided an appointment as service provider as set forth in the main clause of Article 41, paragraph (1) pertaining to In-Home Service provided by said Hospital, etc. (with regard to a hospital or a clinic, limited to Guidance for Management of In-Home Medical Long-Term Care and other types of In-Home Service as determined by Order of the Ministry of Health, Labour and Welfare, and with regard to a pharmacy, limited to Guidance for Management of In-Home Medical Long-Term Care) at the time of said appointment, provided however, that this provision does not apply when the establisher of the Hospital, etc. offers a different notification pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare or when the appointment as service provider as set forth in the main clause of Article 41, paragraph (1) has been rescinded pursuant to the provisions of Article 77, paragraph (1) or Article 115-35, paragraph (6) prior to said appointment.

An appointment as service provider as set forth in the main clause of Article 41, paragraph (1) pertaining to a person that was deemed as a Designated In-Home Service Provider pursuant to the provisions of the preceding paragraph, when appointment as service provider of a medical facility that provides insured services or pharmacy that provides insured services is rescinded pursuant to the provisions of Article 80 of the Health Insurance Act with regard to said Hospital, etc., pertaining to said appointment as service provider, ceases to be effective.

With regard to a Long-Term Care Health Facility or an integrated facility for medical and long-term care, when it is approved as set forth in Article 94, paragraph (1) or Article 107, paragraph (1), it is to be deemed that the establisher of said Long-Term Care Health Facility or integrated facility for medical and long-term care has been appointed as set forth in the main clause of Article 41, paragraph (1) pertaining to In-Home Service (limited to Short-Term Admission for Recuperation or a type of In-Home Service as determined by Order of the Ministry of Health, Labour and Welfare) provided by said Long-Term Care Health Facility or integrated facility for medical and long-term care at the time of said approval, however, provided that this provision does not apply when the establisher of said Long-Term Care Health Facility or integrated facility for medical and long-term care offers a different notification pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare.

The appointment as service provider as set forth in the main clause of Article 41, paragraph (1) pertaining to a person that is deemed as a Designated In-Home Service Provider pursuant to the provisions of the preceding paragraph ceases to be effective when, with regard to the Long-Term Care Health Facility or integrated facility for medical and long-term care pertaining to said appointment as service provider, the approval ceases to be effective pursuant to the provisions of Article 94-2, paragraph (1) or Article 108, paragraph (1), or there has been a rescission of the approval pursuant to the provisions of Article 104, paragraph (1), Article 114-6, paragraph (1) or Article 115-35, paragraph (6).

In the case where a person that has received designation under Article 21-5-3, paragraph (1) of the Child Welfare Act (Act No. 164 of 1947) (limited to that pertaining to day support for children with disabilities (meaning day support for children with disabilities prescribed in Article 6-2-2, paragraph (1) of that Act; the same applies hereinafter) of a type specified by Order of the Ministry of Health, Labour and Welfare according to the type of In-Home Service provided by the Business Office) or designation as a Designated Provider of welfare services for persons with disabilities under Article 29, paragraph (1) of the Act on Providing Comprehensive Support for the Daily Life and Life in Society of Persons with Disabilities (Act No. 123 of 2005; hereinafter referred to as the "Comprehensive Support for Persons with Disabilities Act") (limited to that pertaining to welfare service for persons with disabilities (meaning welfare service for persons with disabilities prescribed in Article 5, paragraph (1) of the Comprehensive Support for Persons with Disabilities Act; the same applies hereinafter) of a type specified by Order of the Ministry of Health, Labour and Welfare according to the type of In-Home Service provided by the Business Office) files the application set forth in Article 70, paragraph (1) (including the case where it applies mutatis mutandis pursuant to Article 70-2, paragraph (4)) with regard to a Business Office pertaining to Home-Visit Long-Term Care, Outpatient Day Long-Term Care or other In-Home Service specified by Order of the Ministry of Health, Labour and Welfare, and all of the following items are met, in applying the provisions of Article 70, paragraph (2) (including the case where it applies mutatis mutandis pursuant to Article 70-2, paragraph (4); the same applies hereinafter in this paragraph), the phrase "as set forth in Article 74, paragraph (1)" in item (ii) of Article 70, paragraph (2) is deemed to be replaced with "pertaining to employees that engage in Designated In-Home Service as set forth in Article 72-2, paragraph (1), item (i)", the phrase "as set forth in the same paragraph" with "as set forth in the same item", and the phrase "Article 74, paragraph (2)" in item (iii) of the same paragraph with "Article 72-2, paragraph (1), item (ii)". However, this does not apply where the applicant has made a different notification pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare.

the knowledge and skill of the employees and the number of personnel of the Business Office pertaining to said application satisfy the standards specified by Prefectural Ordinance pertaining to employees that engage in Designated In-Home Service and the number of employees specified by Prefectural Ordinance;

when it is determined that the applicant is able to properly operate an In-Home Service Business in accordance with the standards pertaining to facilities and management of a Designated In-Home Service Business specified by Prefectural Ordinance.

A prefecture, in establishing the Prefectural Ordinances set forth in the items of the preceding paragraph, is to establish the matters listed in items (i) through (iii) in accordance with the standards specified by Order of the Ministry of Health, Labour and Welfare, is to establish the matters listed in item (iv) using the standards specified by Order of the Ministry of Health, Labour and Welfare as the standard, and is to take into consideration the standards specified by Order of the Ministry of Health, Labour and Welfare for other matters.

standards pertaining to employees engaging in Designated In-Home Service and the number of such employees;

the floor area of residence rooms pertaining to the business of Designated In-Home Service;

matters concerning the operation of a Designated In-Home Service Business that are closely related to ensuring the appropriate use of services, appropriate treatment and safety of Persons Requiring Long-Term Care who use them, and maintaining confidentiality, etc., and that are specified by Order of the Ministry of Health, Labour and Welfare;

the maximum number of users pertaining to a Designated In-Home Service Business.

The Minister of Health, Labour and Welfare, when providing the standards specified by Order of the Ministry of Health, Labour and Welfare as prescribed in the preceding paragraph (limited to the part concerning the handling of Designated In-Home Service), must hear the opinion of the Social Security Council in advance.

When, from a person prescribed in paragraph (1) who has received the designation under the main clause of Article 41, paragraph (1) pertaining to the application under that paragraph, there has been notification of the abolition or suspension of the business under Article 21-5-20, paragraph (4) of the Child Welfare Act with regard to the designated outpatient support business prescribed in Article 21-5-3, paragraph (1) of that Act (limited to that carried out at the Business Office pertaining to said designation), or notification of the abolition or suspension of the business under Article 46, paragraph (2) of the Comprehensive Support for Persons with Disabilities Act with regard to the designated welfare services for persons with disabilities business prescribed in Article 29, paragraph (1) of the Comprehensive Support for Persons with Disabilities Act (limited to that carried out at the Business Office pertaining to said designation), the Designated In-Home Service Business pertaining to said designation is deemed to have been the subject of notification of abolition or suspension of the business under Article 75, paragraph (2).

A Designated In-Home Service Provider shall act in compliance with the standards concerning facilities and management of a Designated In-Home Service Business as prescribed in paragraph (2) of the following Article, offer appropriate Designated In-Home Service according to the mental and physical condition, etc., of a Person Requiring Long-Term Care, and always engage in offering said services from the viewpoint of the person that receives Designated In-Home Service by implementing a self-evaluation of the quality of the Provider's own Designated In-Home Service and other measures.