Article 78-2Appointment as service provider of Designated Community-Based Service Providers

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

二when the knowledge, skill, and number of personnel of the Business Office pertaining to said application do not meet the standards determined by Municipal Ordinance as set forth in Article 78-4, paragraph (1) or the number of employees determined by Municipal Ordinance as set forth in the same paragraph, or the standards concerning employees engaged in Designated Community-Based Service as prescribed in paragraph (5) of the same Article;

三when it is determined that said applicant cannot perform proper Community-Based Service Business in accordance with standards pertaining to Facilities and Management of a Designated Community-Based Service Business as prescribed in Article 78-4, paragraph (2) or paragraph (5);

四when the Business Office pertaining to said application is located outside the area of said Municipality and the consent of the mayor of the Municipality of said location (herein referred to as "Mayor of the Municipality Where the Business Office Is Located" in this Article) has not yet been obtained;

四の二when the applicant is punished by imprisonment or a more severe penalty and said execution of the penalty has not been completed or has not yet expired;

五when said applicant is punished by a fine pursuant to the provisions of this Act, or as provided by a Cabinet Order, concerning citizens' health and medical care or public aid and the execution of said penalty has not yet been completed or has not yet expired;

五の二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;

五の三when the applicant, with regard to insurance premiums, etc., was subject, by the day before the day of making said application, to a disposition of delinquency based on the provisions of the Act that provides for the obligation of payment, and has continued, for a period of three months or more from the day of receiving said disposition without a justifiable reason, to be delinquent in all of the insurance premiums, etc. whose due dates of payment arrived on or after the day of receiving said disposition;

六when the applicant (excluding an applicant for designation pertaining to Communal Daily Long-Term Care for a Dementia Patient, Daily Life Long-Term Care for a Person Admitted to a Community-Based Specified Facility, or 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 a person whose designation (excluding designation pertaining to Communal Daily Long-Term Care for a Dementia Patient, Daily Life Long-Term Care for a Person Admitted to a Community-Based Specified Facility, or 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) has been rescinded pursuant to the provisions of Article 78-10 (excluding items (ii) through (v)) 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 Community-Based Service Provider, in consideration of the facts that were the grounds for the disposition of said rescission, the status of efforts by said Designated Community-Based Service 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 Community-Based Service Provider had in relation to said facts;

六の二when the applicant (limited to an applicant for designation pertaining to Communal Daily Long-Term Care for a Dementia Patient, Daily Life Long-Term Care for a Person Admitted to a Community-Based Specified Facility, or 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 a person whose designation (limited to designation pertaining to Communal Daily Long-Term Care for a Dementia Patient, Daily Life Long-Term Care for a Person Admitted to a Community-Based Specified Facility, or 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) has been rescinded pursuant to the provisions of Article 78-10 (excluding items (ii) through (v)) 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 Community-Based Service Provider, in consideration of the facts that were the grounds for the disposition of said rescission, the status of efforts by said Designated Community-Based Service 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 Community-Based Service Provider had in relation to said facts;

六の三when a person who has a close relationship with the applicant (excluding a person who has a close relationship with an applicant for designation pertaining to 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) has had a designation rescinded pursuant to the provisions of Article 78-10 (excluding items (ii) through (v)) 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 Community-Based Service Provider, in consideration of the facts that were the grounds for the disposition of said rescission, the status of efforts by said Designated Community-Based Service 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 Community-Based Service Provider had in relation to said facts;

七when said applicant has provided notification of abolishment of business pursuant to the provisions of Article 78-5, paragraph (2) (except for a person that has a reasonable basis for said abolishment of business), or has declined an appointment as service provider pursuant to the provisions of Article 78-8 (except for a person that has a reasonable basis for said decline of appointment as service provider) from the date of notification pursuant to the provisions of Article 15 of the Administrative Procedure Act pertaining to a disposition of rescission of the designation pursuant to the provisions of Article 78-10 (except for items (ii) to (v)) to the date on which said disposition is made or the date on which it is determined not to make a disposition, and five years have not elapsed from the date of said notification or said decline of appointment as service provider;

七の二in a case when notification of abolishment of business pursuant to the provisions of Article 78-5, paragraph (2) or a decline of appointment as service provider pursuant to the provisions of Article 78-8 has been made within the period provided by the preceding item, when the applicant is a person who was, within sixty days prior to the date of notification as set forth in the same item, an Officer, etc., of the 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 the 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), or an Officer, etc., of the juridical person pertaining to said decline of appointment as service provider (except for a juridical person that has a reasonable basis for said decline of appointment as service provider) or a manager of the Business Office that is not a juridical person pertaining to said decline of appointment as service provider (except for one that has a reasonable basis for said decline of appointment as service provider), and five years have not elapsed from the date of said notification or said decline of appointment as service provider;

八when said applicant performs a wrongful or significantly unjustifiable act concerning In-Home Service within five years prior to the application of appointment as service provider;

九when the applicant (excluding an applicant for designation pertaining to Communal Daily Long-Term Care for a Dementia Patient, Daily Life Long-Term Care for a Person Admitted to a Community-Based Specified Facility, or 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 a juridical person and any Officer, etc., of said juridical person corresponds to any of items (iv)-2 through (vi) or the preceding three items;

十when the applicant (limited to an applicant for designation pertaining to Communal Daily Long-Term Care for a Dementia Patient, Daily Life Long-Term Care for a Person Admitted to a Community-Based Specified Facility, or 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 a juridical person and any Officer, etc., of said juridical person corresponds to any of items (iv)-2 through (v)-3, item (vi)-2, or items (vii) through (viii);

十一when the applicant (excluding an applicant for designation pertaining to Communal Daily Long-Term Care for a Dementia Patient, Daily Life Long-Term Care for a Person Admitted to a Community-Based Specified Facility, or 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 a Business Office that is not a juridical person and the manager thereof is a person who corresponds to any of items (iv)-2 through (vi) or items (vii) through (viii);

十二when the applicant (limited to an applicant for designation pertaining to Communal Daily Long-Term Care for a Dementia Patient, Daily Life Long-Term Care for a Person Admitted to a Community-Based Specified Facility, or 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 a Business Office that is not a juridical person and the manager thereof is a person who corresponds to any of items (iv)-2 through (v)-3, item (vi)-2, or items (vii) through (viii).

一when the applicant (excluding an applicant for designation pertaining to Communal Daily Long-Term Care for a Dementia Patient, Daily Life Long-Term Care for a Person Admitted to a Community-Based Specified Facility, or 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 a person whose designation (excluding designation pertaining to Communal Daily Long-Term Care for a Dementia Patient, Daily Life Long-Term Care for a Person Admitted to a Community-Based Specified Facility, or 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) has been rescinded pursuant to the provisions of Article 78-10, items (ii) through (v) 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);

一の二when the applicant (limited to an applicant for designation pertaining to Communal Daily Long-Term Care for a Dementia Patient, Daily Life Long-Term Care for a Person Admitted to a Community-Based Specified Facility, or 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 a person whose designation (limited to designation pertaining to Communal Daily Long-Term Care for a Dementia Patient, Daily Life Long-Term Care for a Person Admitted to a Community-Based Specified Facility, or 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) has been rescinded pursuant to the provisions of Article 78-10, items (ii) through (v) 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);

一の三when a person who has a close relationship with the applicant (excluding a person who has a close relationship with an applicant for designation pertaining to 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) has had a designation rescinded pursuant to the provisions of Article 78-10, items (ii) through (v) and five years have not elapsed from the date of said rescission;

二when an applicant has provided notification of abolishment of business pursuant to the provisions of Article 78-5, paragraph (2) (except for a person that has a reasonable basis for said abolishment of business) or has declined an appointment as service provider pursuant to the provisions of Article 78-8 (except for a person that has a reasonable basis for said decline of appointment as service provider) from the date of notification pursuant to the provisions of Article 15 of the Administrative Procedure Act pertaining to a disposition of rescission of the designation pursuant to the provisions of Article 78-10, items (ii) to (v) to the date on which said disposition is made or the date on which it is determined not to make a disposition, and five years have not elapsed from the date of said notification or decline of appointment as service provider;

二の二when the applicant is a person who has provided notification of abolishment of business pursuant to the provisions of Article 78-5, paragraph (2) (except for a person that has a reasonable basis for said abolishment of business) or has declined an appointment as service provider pursuant to the provisions of Article 78-8 (except for a person that has a reasonable basis for said decline of appointment as service provider) during the period from the date on which an inspection pursuant to the provisions of Article 78-7, paragraph (1) was conducted to the expected hearing decision date (meaning, in the case where the mayor of the Municipality has notified said applicant of a specific date within ten days from the date on which said inspection was conducted, pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare, as the date on which it is expected to be decided, based on the results of said inspection, whether or not to hold a hearing concerning the disposition of rescission of the designation pursuant to the provisions of Article 78-10, said specific date), and five years have not elapsed from the date of said notification or said decline of appointment as service provider;

二の三in a case when notification of abolishment of business pursuant to the provisions of Article 78-5, paragraph (2) or a decline of appointment as service provider pursuant to the provisions of Article 78-8 has been made within the period provided by item (ii), when the applicant is a person who was, within sixty days prior to the date of notification as set forth in the same item, an Officer, etc., of the 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 the 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), or an Officer, etc., of the juridical person pertaining to said decline of appointment as service provider (except for a juridical person that has a reasonable basis for said decline of appointment as service provider) or a manager of the Business Office that is not a juridical person pertaining to said decline of appointment as service provider (except for one that has a reasonable basis for said decline of appointment as service provider), and five years have not elapsed from the date of said notification or said decline of appointment as service provider;

三when the applicant (excluding an applicant for designation pertaining to Communal Daily Long-Term Care for a Dementia Patient, Daily Life Long-Term Care for a Person Admitted to a Community-Based Specified Facility, or 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 a juridical person and any of its Officers, etc. is a person who falls under item (i) or any of the preceding three items;

三の二when the applicant (limited to an applicant for designation pertaining to Communal Daily Long-Term Care for a Dementia Patient, Daily Life Long-Term Care for a Person Admitted to a Community-Based Specified Facility, or 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 a juridical person and any of its Officers, etc. is a person who falls under item (i)-2 or any of item (ii) through item (ii)-3;

三の三when the applicant (excluding an applicant for designation pertaining to Communal Daily Long-Term Care for a Dementia Patient, Daily Life Long-Term Care for a Person Admitted to a Community-Based Specified Facility, or 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 a Business Office that is not a juridical person and the manager of the Business Office is a person who falls under item (i) or any of item (ii) through item (ii)-3;

三の四when the applicant (limited to an applicant for designation pertaining to Communal Daily Long-Term Care for a Dementia Patient, Daily Life Long-Term Care for a Person Admitted to a Community-Based Specified Facility, or 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 a Business Office that is not a juridical person and the manager of the Business Office is a person who falls under item (i)-2 or any of item (ii) through item (ii)-3;

四in a case when an application as set forth in paragraph (1) was filed for Communal Daily Long-Term Care for a Dementia Patient, Daily Life Long-Term Care for a Person Admitted to a Community-Based Specified Facility, or 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, when it is determined that the total capacity of users of said Community-Based Service in said Municipality or in the area including the location of the Business Office pertaining to said application (which means an area provided by said Municipality pursuant to the provisions of Article 117, paragraph (2), item (i); herein referred to as "Daily Activities Area" in this item and sub-item (a) of the following item) has been reached or when it is determined that said total capacity will be exceeded by the appointment as service provider pertaining to said application for the total capacity of necessary users for said Community-Based Service in said Municipality or in said Daily Activities Area provided by the Municipal Insured Long-Term Care Service Plan provided by said Municipality pursuant to the provisions of paragraph (1) of the same Article, or when it is determined that it is likely to cause problems with the accomplishment of said Municipal Insured Long-Term Care Service Plan;

五in a case when an application as set forth in paragraph (1) was filed for Community-Based Outpatient Day Long-Term Care or another Community-Based Service specified by Order of the Ministry of Health, Labour and Welfare, where the case falls under a case in which the Business Office conducting the business pertaining to the designation of a person who has received the designation under the main clause of Article 42-2, paragraph (1) and conducts the business of Periodic Patrol and On-Demand Home-Visit Long-Term Care and Nursing, etc. (meaning Community-Based Service other than Communal Daily Long-Term Care for a Dementia Patient, Daily Life Long-Term Care for a Person Admitted to a Community-Based Specified Facility, and 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, that is Periodic Patrol and On-Demand Home-Visit Long-Term Care and Nursing, Multifunctional Long-Term Care in a Small Group Home, or another service specified by Order of the Ministry of Health, Labour and Welfare) (referred to as "Business Office for Periodic Patrol and On-Demand Home-Visit Long-Term Care and Nursing, etc." in (a)) is located in the area of said Municipality or another case specified by Order of the Ministry of Health, Labour and Welfare, and the mayor of said Municipality finds that any of the following applies:

イthe quantity of each type of Community-Based Service (limited to Community-Based Outpatient Day Long-Term Care and others specified by Order of the Ministry of Health, Labour and Welfare; the same applies hereinafter in this (a)) in said Municipality or in the Daily Activities Area including the location of said Business Office for Periodic Patrol and On-Demand Home-Visit Long-Term Care and Nursing, etc. has already reached the prospective volume of each type of said Community-Based Service in said Municipality or said Daily Activities Area provided by the Municipal Insured Long-Term Care Service Plan provided by said Municipality pursuant to the provisions of Article 117, paragraph (1), or will exceed it by the appointment as service provider pertaining to said application;

ロin addition, there is a risk of causing problems with the accomplishment of the Municipal Insured Long-Term Care Service Plan provided by said Municipality pursuant to the provisions of Article 117, paragraph (1).

一when the Mayor of the Municipality Where the Business Office Is Located has made the designation under the main clause of Article 42-2, paragraph (1):the time when said designation was made;

二when the designation under the main clause of Article 42-2, paragraph (1) has been made by the Mayor of the Municipality Where the Business Office Is Located:the time when the mayor receiving the application received the application set forth in paragraph (1) from the person who conducts the Community-Based Service Business pertaining to said Business Office.