Article 115-22Appointment as Designated Service Provider of Preventive Support of Long-Term Care

一when the applicant is not a person specified by Municipal Ordinance;

二when the knowledge and skill of the employees of the Business Office pertaining to said application, and the number of its personnel, do not meet the standards as determined by Municipal Ordinance as set forth in Article 115-24, paragraph (1) and the number of employees as determined by Municipal Ordinance as prescribed in the same paragraph;

三when it is determined that the applicant cannot appropriately operate the Preventive Long-Term Care Support Business in accordance with the standards concerning effective support methods for Prevention of Long-Term Care pertaining to Designated Preventive Long-Term Care Support or the standards concerning management of the business of Designated Preventive Long-Term Care Support as prescribed in Article 115-24, paragraph (2);

三の二when the applicant is punished by imprisonment or a more severe penalty and execution of said penalty has not been completed or has not yet expired;

四when the applicant is punished by a fine pursuant to the provisions of this Act or another Act pertaining to health and medical care or public aid for citizens as determined by a Cabinet Order and execution of said penalty has not yet been completed or has not yet expired;

四の二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;

五when the applicant is a person whose designation has been rescinded pursuant to the provisions of Article 115-29 and five years have not elapsed from the date of said rescission (in a case when a person whose designation has been rescinded is a juridical person, including a person who was an Officer, etc., of said juridical person within sixty days prior to the date of notification pursuant to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 the disposition of 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five years have not elapsed from the date of said rescission, and in a case when a person whose designation has been rescinded is a Business Office that is not a juridical person, including a person who was a manager of said Business Office within sixty days prior to the date of said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 Preventive Long-Term Care Support Provider, in consideration of the facts that were the grounds for the disposition of said rescission, the status of efforts by said Designated Preventive Long-Term Care Support 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 Preventive Long-Term Care Support Provider had in relation to said facts;

五の二when a person who has a close relationship with the applicant has had the designation rescinded pursuant to the provisions of Article 115-29 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 Preventive Long-Term Care Support Provider, in consideration of the facts that were the grounds for the disposition of said rescission, the status of efforts by said Designated Preventive Long-Term Care Support 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 Preventive Long-Term Care Support Provider had in relation to said facts;

六when the applicant is a person who has provided notification of abolishment of business pursuant to the provisions of Article 115-25, paragraph (2) (except for a person that has a reasonable basis for abolishment of said business) during the period from the date of notification pursuant to the provisions of Article 15 of the Administrative Procedure Act pertaining to rescission of the designation pursuant to the provisions of Article 115-29 to the date of making said disposition or the date of determining not to make the disposition, and five years have not elapsed from the date of said notification of abolishment;

六の二when the applicant is a person who has provided notification of abolishment of business pursuant to the provisions of Article 115-25, paragraph (2) (excluding a person who has a reasonable basis for said abolishment of business) during the period from the date on which an inspection pursuant to the provisions of Article 115-27, paragraph (1) was conducted to the expected hearing decision date (meaning, in the case where the mayor of the Municipality, as provided by Order of the Ministry of Health, Labour and Welfare, has notified said applicant of a specific date within ten days from the date on which said inspection was conducted as the date on which it is expected to be decided, based on the result of said inspection, whether or not to hold a hearing concerning the disposition of rescission of the designation pursuant to the provisions of Article 115-29, said specific date), and five years have not elapsed from the date of said notification;

六の三in the case where notification of abolishment of business pursuant to the provisions of Article 115-25, paragraph (2) has been provided during the period prescribed in item (vi), when the applicant is a person who, within sixty days before the date of notification as set forth in the same item, was an Officer, etc., of a juridical person pertaining to said notification (except for 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 (except for one that has a reasonable basis for said abolishment of business), and five years have not elapsed from the date of said notification;

七when the applicant performs a wrongful or significantly unjustifiable act pertaining to In-Home Service, etc., within five years prior to an application of appointment as service provider;

八when the applicant is a juridical person and any of its Officers, etc., is a person who falls under any of item (iii)-2 through item (v) or item (vi) through the preceding item;

九when the applicant is a Business Office that is not a juridical person and the manager of the Business Office is a person who falls under any of item (iii)-2 through item (v) or item (vi) through item (vii).