Long-Term Care Insurance Act

The Minister of Health, Labour and Welfare, in a case where two or more prefectural governors provide the coordination or assistance pursuant to the provisions of the preceding paragraph with regard to the same Designated Provider of Preventive Long-Term Care Service, when he or she determines it is necessary in order for the provision of convenience prescribed in Article 115-4, paragraph (5) by said Designated Provider of Preventive Long-Term Care Service to be carried out smoothly, may provide coordination among said prefectural governors or advice and other assistance to said Designated Provider of Preventive Long-Term Care Service from a wide-area perspective beyond the prefectural area.

A prefectural governor or the mayor of a Municipality, when he or she determines it is necessary with regard to the payment of an allowance for Preventive Long-Term Care Service, may order a Designated Provider of Preventive Long-Term Care Service, a person that was a Designated Provider of Preventive Long-Term Care Service, or a person that was an employee of the Business Office pertaining to said appointment as service provider (hereinafter referred to as a "Person, etc., that Was a Designated Provider of Preventive Long-Term Care Service" in this paragraph) to report or to submit or present record books and documents, request a Designated Provider of Preventive Long-Term Care Service, an employee of the Business Office pertaining to said appointment as service provider, or a Person, etc., that Was a Designated Provider of Preventive Long-Term Care Service to appear, or have the relevant official question the relevant persons, or enter the Business Office pertaining to said appointment as service provider of said Designated Provider of Preventive Long-Term Care Service, its office or another place related to the business of Designated Preventive Long-Term Care Service, and inspect its facilities, record books and documents, and other articles.

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.

A prefectural governor, when he or she determines that a Designated Provider of Preventive Long-Term Care Service corresponds to any of the cases listed in the following items, may recommend to said Designated Provider of Preventive Long-Term Care Service, setting a due date, that it take the measures specified in the respective items.

in the case where it does not comply with the conditions attached in making said designation pursuant to the provisions of Article 115-2, paragraph (6): to comply with said conditions;

in the case where it does not satisfy, with regard to the knowledge or skills or the number of employees of the Business Office pertaining to said designation, the standards specified by Prefectural Ordinance as set forth in Article 115-4, paragraph (1) or the fixed minimum number of employees specified by Prefectural Ordinance as set forth in the same paragraph: to satisfy said standards specified by Prefectural Ordinance or said fixed minimum number of employees specified by Prefectural Ordinance;

in the case where it does not properly operate the business of Designated Preventive Long-Term Care Service in accordance with the standards concerning effective methods of support for Prevention of Long-Term Care pertaining to Designated Preventive Long-Term Care Service or the standards concerning facilities and management of the business of Designated Preventive Long-Term Care Service as prescribed in Article 115-4, paragraph (2): to properly operate the business of Designated Preventive Long-Term Care Service in accordance with the standards concerning effective methods of support for Prevention of Long-Term Care pertaining to said Designated Preventive Long-Term Care Service or the standards concerning facilities and management of the business of Designated Preventive Long-Term Care Service;

in the case where it does not properly provide the convenience prescribed in Article 115-4, paragraph (5): to properly provide said convenience.

A prefectural governor may, in a case of providing a recommendation pursuant to the provisions of the preceding paragraph, provide public notice of the fact that the Designated Provider of Preventive Long-Term Care Service 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 prefectural governor, when a Designated Provider of Preventive Long-Term Care Service 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 Provider of Preventive Long-Term Care Service to implement measures pertaining to said recommendation.

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

With regard to a Designated Provider of Preventive Long-Term Care Service that provided Designated Preventive Long-Term Care Service pertaining to an Insurance Benefit, a Municipality, when it determines said Designated Provider of Preventive Long-Term Care Service corresponds to any of the cases listed in the items of paragraph (1), must provide notification of said fact to the prefectural governor that governs the location of the Business Office pertaining to said appointment as service provider.

A prefectural governor, in a case that corresponds to any of the following items, may rescind the appointment as service provider as set forth in the main clause of Article 53, paragraph (1) pertaining to said Designated Provider of Preventive Long-Term Care Service or suspend the whole or a part of the effect of said appointment as service provider for a specified period:

when a Designated Provider of Preventive Long-Term Care Service has come to correspond to any of Article 115-2, paragraph (2), items (iv) through (v)-2, item (x) (excluding when it is one that has a person who corresponds to item (v)-3), item (x)-2 (excluding when it is one that has a person who corresponds to item (v)-3), item (xi) (excluding when it is a person who corresponds to item (v)-3), or item (xii) (excluding when it is a person who corresponds to item (v)-3);

when it is determined that a Designated Provider of Preventive Long-Term Care Service has violated the conditions attached in making said designation pursuant to the provisions of Article 115-2, paragraph (6);

when a Designated Provider of Preventive Long-Term Care Service becomes unable to meet, with regard to knowledge, skill and number of employees of the Business Office pertaining to said appointment as service provider, the standards specified by Prefectural Ordinance as set forth in Article 115-4, paragraph (1) or the fixed minimum number of employees specified by Prefectural Ordinance as set forth in the same paragraph;

when a Designated Provider of Preventive Long-Term Care Service becomes unable to operate an appropriate business of Preventive Long-Term Care Service in accordance with the standards concerning effective methods of support for Prevention of Long-Term Care pertaining to Designated Preventive Long-Term Care Service or the standards concerning facilities and management of the business of Designated Preventive Long-Term Care Service as prescribed in Article 115-4, paragraph (2);

when it is determined that a Designated Provider of Preventive Long-Term Care Service violates an obligation as prescribed in Article 115-4, paragraph (6);

when an allowance for Preventive Long-Term Care Service is wrongly requested;

when a Designated Provider of Preventive Long-Term Care Service is ordered to report, submit or present record books and documents pursuant to the provisions of Article 115-7, paragraph (1), but disobeys said order or submits a false report;

when a Designated Provider of Preventive Long-Term Care Service or an employee of the Business Office pertaining to said appointment as service provider is requested to appear pursuant to the provisions of Article 115-7, 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 Provider of Preventive Long-Term Care Service was faithfully providing reasonable care and supervision in order to prevent said act of said employee;

when a Designated Provider of Preventive Long-Term Care Service is appointed as service provider as set forth in the main clause of Article 53, paragraph (1) by wrongful means;

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

in a case when a Designated Provider of Preventive Long-Term Care Service is a juridical person, when among its Officers, etc. there is a person who performed a wrongful or significantly unjustifiable act concerning In-Home Service, etc., within five years prior to 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 made;

in a case when a Designated Provider of Preventive Long-Term Care Service is a Business Office that is not a juridical person, when its manager is a person who performed a wrongful or significantly unjustifiable act concerning In-Home Service, etc., within five years prior to 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 made.

With regard to a Designated Provider of Preventive Long-Term Care Service that provided Designated Preventive Long-Term Care Service pertaining to an Insurance Benefit, a Municipality, when it determines said Designated Provider of Preventive Long-Term Care Service corresponds to any of the items of the preceding paragraph, must provide notification of said fact to the prefectural governor that governs the location of the Business Office pertaining to said appointment as service provider.

A prefectural governor must, in the following cases, provide public notice of the name or full name of said Designated Provider of Preventive Long-Term Care Service, the location of the Business Office pertaining to said designation, and other particulars specified by Order of the Ministry of Health, Labour and Welfare:

when an appointment as service provider as set forth in the main clause of Article 53, paragraph (1) has been made;

when a notification of abolition of business pursuant to the provisions of Article 115-5, paragraph (2) has been submitted;

when an appointment as service provider as set forth in the main clause of Article 53, paragraph (1) is rescinded pursuant to the provisions of paragraph (1) of the preceding Article or Article 115-35, paragraph (6), or the effect of the whole or a part of an appointment as service provider is suspended.

The provisions of Article 70-2, Article 71 and Article 72 apply mutatis mutandis to the designation set forth in the main clause of Article 53, paragraph (1). In this case, the phrase "the preceding Article" in Article 70-2, paragraph (4) is deemed to be replaced with "Article 115-2", and necessary technical replacement of terms other than that is provided by a Cabinet Order.