Article 115-2-2Special Provisions for Coexistence-Type Providers of Preventive Long-Term Care Service

①In the case where, with regard to a Business Office for Short-Term Admission for Daily Preventive Long-Term Care or other Preventive Long-Term Care Service specified by Order of the Ministry of Health, Labour and Welfare, a person that has received designation under Article 21-5-3, paragraph (1) of the Child Welfare Act (limited to that pertaining to day support for children with disabilities of a type specified by Order of the Ministry of Health, Labour and Welfare according to the type of Preventive Long-Term Care 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 Comprehensive Support for Persons with Disabilities Act (limited to that pertaining to welfare service for persons with disabilities of a type specified by Order of the Ministry of Health, Labour and Welfare according to the type of Preventive Long-Term Care Service provided by the Business Office) files the application set forth in paragraph (1) of the preceding Article (including the case where it applies mutatis mutandis pursuant to Article 70-2, paragraph (4) as applied mutatis mutandis pursuant to Article 115-11) with regard to the Business Office, and all of the following items are met, in applying the provisions of paragraph (2) of the preceding Article (including the case where it applies mutatis mutandis pursuant to Article 70-2, paragraph (4) as applied mutatis mutandis pursuant to Article 115-11; the same applies hereinafter in this paragraph), the phrase "as set forth in Article 115-4, paragraph (1)" in item (ii) of paragraph (2) of the preceding Article is deemed to be replaced with "pertaining to employees that engage in the Designated Preventive Long-Term Care Service set forth in the following Article, 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 115-4, paragraph (2)" in item (iii) of the same paragraph with "the following Article, 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.

②A 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.

③The Minister of Health, Labour and Welfare, when intending to provide the standards specified by Order of the Ministry of Health, Labour and Welfare as prescribed in the preceding paragraph (limited to the part pertaining to the handling of Designated Preventive Long-Term Care Service), must hear the opinion of the Social Security Council in advance.

⑤In the case where a notification of abolition or suspension of business pursuant to the provisions of Article 21-5-20, paragraph (4) of the Child Welfare Act has been made with regard to the business of designated day support prescribed in Article 21-5-3, paragraph (1) of the Child Welfare Act (limited to that conducted at the Business Office pertaining to said designation), or a notification of abolition or suspension of business pursuant to the provisions of Article 46, paragraph (2) of the Comprehensive Support for Persons with Disabilities Act has been made with regard to the business of designated welfare service for persons with disabilities prescribed in Article 29, paragraph (1) of the Comprehensive Support for Persons with Disabilities Act (limited to that conducted at the Business Office pertaining to said designation), by a person prescribed in paragraph (1) who has received the designation set forth in the main clause of Article 53, paragraph (1) pertaining to the application set forth in the same paragraph, a notification of abolition or suspension of business pursuant to the provisions of Article 115-5, paragraph (2) is deemed to have been made with regard to the business of Designated Preventive Long-Term Care Service pertaining to said designation.