Long-Term Care Insurance Act

A Designated Registered Facility Preventive Long-Term Care Support Provider, when the name and location of the Business Office pertaining to said designation or other matters as determined by Order of the Ministry of Health, Labour and Welfare are changed, or when the suspended business of said Designated Registered Facility Preventive Long-Term Care Support is recommenced, must provide notification of said fact to the mayor of the Municipality within ten days pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare.

A Designated Registered Facility Preventive Long-Term Care Support Provider, when intending to abolish or suspend the business of said Designated Registered Facility Preventive Long-Term Care Support, must provide notification of that fact to the mayor of the Municipality, as provided by Order of the Ministry of Health, Labour and Welfare, no later than one month before the date of the abolition or suspension.

A mayor of a Municipality, when it is determined to be necessary, may order a Designated Registered Facility Preventive Long-Term Care Support Provider, a person that was a Designated Registered Facility Preventive Long-Term Care Support Provider, or a person that was an employee of the Business Office pertaining to said designation (hereinafter referred to as a "Person, etc., that Was a Designated Registered Facility Preventive Long-Term Care Support Provider" in this paragraph) to report or to submit or present record books and documents, may request the Designated Registered Facility Preventive Long-Term Care Support Provider, an employee of the Business Office pertaining to said designation, or a Person, etc., that Was a Designated Registered Facility Preventive Long-Term Care Support Provider to appear, or may have personnel ask questions of the relevant persons, or enter the Business Office pertaining to said designation of said Designated Registered Facility Preventive Long-Term Care Support Provider, or an office or other place related to the business of Designated Registered Facility Preventive Long-Term Care Support, in order to inspect its record books and documents and other items.

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, respectively.

A mayor of a Municipality, when finding that a Designated Registered Facility Preventive Long-Term Care Support Provider falls under any of the cases listed in the following items, may, setting a due date, recommend to said Designated Registered Facility Preventive Long-Term Care Support Provider that it take the measures specified in each of those items.

if the knowledge or skill of the employees of the Business Office pertaining to said designation, or its number of personnel, fails to satisfy the standards specified by Municipal Ordinance under Article 115-31-4, paragraph (1) or the number of employees specified by Municipal Ordinance under that paragraph: to satisfy said standards specified by Municipal Ordinance or said number of employees specified by Municipal Ordinance;

if it does not appropriately operate the business of Designated Registered Facility Preventive Long-Term Care Support in accordance with the standards concerning effective support methods for Prevention of Long-Term Care pertaining to Designated Registered Facility Preventive Long-Term Care Support or the standards concerning management of the business of Designated Registered Facility Preventive Long-Term Care Support prescribed in Article 115-31-4, paragraph (2): to appropriately operate the business of Designated Registered Facility Preventive Long-Term Care Support in accordance with the standards concerning effective support methods for Prevention of Long-Term Care pertaining to said Designated Registered Facility Preventive Long-Term Care Support or the standards concerning management of the business of Designated Registered Facility Preventive Long-Term Care Support;

if it does not appropriately provide the convenience prescribed in Article 115-31-4, paragraph (5): to appropriately provide said convenience.

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

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

A mayor of a Municipality, in a case that corresponds to any of the following items, may rescind the appointment as service provider as set forth in Article 59-2, paragraph (1) pertaining to said Designated Registered Facility Preventive Long-Term Care Support Provider or suspend the whole or a part of the effect of said appointment as service provider for a specified period:

when a Designated Registered Facility Preventive Long-Term Care Support Provider has come to fall under any of Article 115-31-2, paragraph (2), items (iv) through (vi), item (xiv) (excluding when it has a person who falls under item (vii) of that paragraph), or item (xv) (excluding when it is a person who falls under item (vii) of that paragraph);

when a Designated Registered Facility Preventive Long-Term Care Support Provider becomes unable to satisfy the standards determined by Municipal Ordinance as set forth in Article 115-31-4, paragraph (1) or the number of employees determined by Municipal Ordinance as set forth in that paragraph, with regard to the knowledge or skill, or the number of personnel, of the employees of the Business Office pertaining to said designation;

when a Designated Registered Facility Preventive Long-Term Care Support Provider becomes unable to operate an appropriate business of Designated Registered Facility Preventive Long-Term Care Support in accordance with standards concerning effective support methods for Prevention of Long-Term Care pertaining to Designated Registered Facility Preventive Long-Term Care Support or standards concerning management of the business of Designated Registered Facility Preventive Long-Term Care Support as prescribed in Article 115-31-4, paragraph (2);

when it is determined that a Designated Registered Facility Preventive Long-Term Care Support Provider violates an obligation prescribed in Article 115-31-4, paragraph (6);

when an Allowance for Registered Facility Preventive Long-Term Care Service Plan is wrongly requested;

when a Designated Registered Facility Preventive Long-Term Care Support Provider is ordered to report, submit or present record books and documents pursuant to the provisions of Article 115-31-6, paragraph (1), but disobeys said order or submits a false report;

when a Designated Registered Facility Preventive Long-Term Care Support Provider or an employee of the Business Office pertaining to said appointment as service provider is requested to appear pursuant to the provisions of Article 115-31-6, 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 Registered Facility Preventive Long-Term Care Support Provider was faithfully providing reasonable care and supervision in order to prevent said act of said employee;

when a Designated Registered Facility Preventive Long-Term Care Support Provider is appointed to provide service as set forth in Article 59-2, paragraph (1) by wrongful means;

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

when, among the Officers, etc. of a Designated Registered Facility Preventive Long-Term Care Support Provider, there is a person who performed a wrongful or significantly unjustifiable act concerning In-Home Service, etc. within five years before 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 carried out.

The provisions of Article 70-2 apply mutatis mutandis to the designation under Article 59-2, paragraph (1), and the provisions of Article 115-26, Article 115-30 and Article 115-30-2 apply mutatis mutandis to a Designated Registered Facility Preventive Long-Term Care Support Provider, respectively. In this case, the necessary technical replacement of terms is provided by a Cabinet Order.

A person who conducts a registered facility Preventive Long-Term Care Support Business, when receiving the designation under Article 59-2, paragraph (1), is deemed to have received, at the time of receiving said designation, the designation under Article 58, paragraph (1) as a Business Office that conducts the Preventive Long-Term Care Support Business pertaining to the designation under that paragraph, with regard to the Business Office that conducts the registered facility Preventive Long-Term Care Support Business pertaining to said designation; provided, however, that this does not apply when said Designated Registered Facility Preventive Long-Term Care Support Provider has made a different notification pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare.

The designation under Article 58, paragraph (1) (hereinafter referred to as the "deemed designation" in this Article) pertaining to a person deemed to have received the designation under Article 58, paragraph (1) pursuant to the provisions of the preceding paragraph (hereinafter referred to as a "Deemed Designated Provider of Preventive Support of Long-Term Care" in this Article) ceases to be effective if, with respect to said Deemed Designated Provider of Preventive Support of Long-Term Care, the effect of the designation under Article 59-2, paragraph (1) is lost pursuant to the provisions of Article 70-2, paragraph (1) as applied mutatis mutandis pursuant to the preceding Article, or there is a rescission of the designation under Article 59-2, paragraph (1) pursuant to the provisions of Article 115-31-8.

The deemed designation pertaining to a Deemed Designated Provider of Preventive Support of Long-Term Care has its effect (limited to that pertaining to the suspension of the effect of said designation) suspended for the corresponding period if, with respect to said Deemed Designated Provider of Preventive Support of Long-Term Care, the effect of the designation under Article 59-2, paragraph (1) is suspended in whole or in part pursuant to the provisions of Article 115-31-8.

When a notification of change or resumption pursuant to the provisions of Article 115-31-5, paragraph (1) or a notification of abolishment or suspension pursuant to the provisions of paragraph (2) of the same Article is submitted by a Deemed Designated Provider of Preventive Support of Long-Term Care, a notification of change or resumption pursuant to the provisions of Article 115-25, paragraph (1) or a notification of abolishment or suspension pursuant to the provisions of paragraph (2) of the same Article is deemed to have been submitted with regard to the Preventive Long-Term Care Support Business pertaining to said deemed designation.