Article 78-10Rescission of the Designation, etc.

二when a Designated Community-Based Service Provider has come to fall under any of Article 78-2, paragraph (6), items (iii) through (iii)-4;

三when it is determined that a Designated Community-Based Service Provider is in violation of the conditions attached upon granting said appointment as service provider pursuant to the provisions of Article 78-2, paragraph (8);

四when a Designated Community-Based Service Provider becomes unable to satisfy the standards specified by Municipal Ordinance under Article 78-4, paragraph (1) or the number of employees specified by Municipal Ordinance under that paragraph, or the standards concerning employees engaged in Designated Community-Based Service as prescribed in paragraph (5) of that Article, with regard to the knowledge or skill, or the number of employees, of the Business Office pertaining to said appointment as service provider;

五when a Designated Community-Based Service Provider becomes unable to operate an appropriate Designated Community-Based Service Business in accordance with standards concerning Facilities and Management of a Designated Community-Based Service Business as prescribed in Article 78-4, paragraph (2) or paragraph (5);

六when it is determined that a Designated Community-Based Service Provider violates an obligation as prescribed in Article 78-4, paragraph (8);

七when a Designated Community-Based Service Provider (limited to a Provider that provides Daily Life Long-Term Care for a Person Admitted to a Community-Based Facility for the Elderly Covered by Public Aid Requiring Long-Term Care) is entrusted with an investigation pursuant to the provisions of Article 28, paragraph (5) (including a case applied mutatis mutandis pursuant to Article 29, paragraph (2), Article 30, paragraph (2), Article 31, paragraph (2), Article 33, paragraph (4), Article 33-2, paragraph (2), Article 33-3, paragraph (2), and Article 34, paragraph (2); the same applies to Article 84, Article 92, Article 104 and Article 114-6), and submits a false report regarding the result of said investigation;

八when an Allowance for Community-Based Long-Term Care Service is wrongly requested;

九when a Designated Community-Based Service Provider is ordered to report, submit, or present record books and documents pursuant to the provisions of Article 78-7, paragraph (1), but disobeys said order or submits a false report;

十when a Designated Community-Based Service 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 78-7, 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 Community-Based Service Provider was faithfully providing reasonable care and supervision in order to prevent said act of said employee;

十一when a Designated Community-Based Service Provider is appointed to provide service as set forth in the main clause of Article 42-2, paragraph (1) by wrongful means;

十二in addition to the cases listed in the preceding items, when a Designated Community-Based Service Provider violates this Act, another Act concerning citizens' health and medical care or public aid as determined by a Cabinet Order, or an order or disposition based on these Acts;

十三when notification pursuant to the provisions of Article 29, paragraph (18) of the Act on Social Welfare for the Elderly pertaining to a Designated Community-Based Service Provider has been received;

十四in addition to the cases listed in the preceding items, when a Designated Community-Based Service Provider performs a wrongful or significantly unjustifiable act concerning In-Home Service, etc.;

十五in a case when a Designated Community-Based Service Provider is a juridical person, when there is, among its Officers, etc., 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 made;

十六in a case when a Designated Community-Based Service Provider is a Business Office that is not a juridical person, when the manager of said Provider 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 made.