Section 10 Publication of Long-Term Care Service Information

①A Long-Term Care Service Provider, when it has received the designation as a Designated In-Home Service Provider, Designated Community-Based Service Provider, Designated In-Home Long-Term Care Support Provider, Designated Facility Covered by Public Aid Providing Long-Term Care to the Elderly, Designated Provider of Preventive Long-Term Care Service, Designated Provider of Community-Based Service for Preventive Long-Term Care, or Designated Preventive Long-Term Care Support Provider, or the permission for a Long-Term Care Health Facility or an integrated facility for medical and long-term care, and intends to commence the provision of Home-Visit Long-Term Care, Home-Visit Bathing Long-Term Care, or other services specified by Order of the Ministry of Health, Labour and Welfare (hereinafter referred to as "Long-Term Care Service"), or in any other case specified by Order of the Ministry of Health, Labour and Welfare, must, pursuant to the provisions of a Cabinet Order, report the Long-Term Care Service information pertaining to the Long-Term Care Service it provides (meaning information concerning the content of Long-Term Care Service and the operating status of the provider or facility that provides Long-Term Care Service, which is specified by Order of the Ministry of Health, Labour and Welfare as needing to be made public so that Persons Requiring Long-Term Care, etc. who use or intend to use Long-Term Care Service can secure the opportunity to use said Long-Term Care Service appropriately and smoothly; the same applies hereinafter) to the prefectural governor having jurisdiction over the location of the Business Office or facility that provides said Long-Term Care Service.

②A prefectural governor must, after receiving a report pursuant to the provisions of the preceding paragraph, publish the content of said report, as provided by Order of the Ministry of Health, Labour and Welfare.

③A prefectural governor, when deeming it necessary with regard to a report pursuant to the provisions of paragraph (1), may investigate the Long-Term Care Service Provider that made said report, regarding those items specified by Order of the Ministry of Health, Labour and Welfare among Long-Term Care Service information.

④A prefectural governor, when a Long-Term Care Service Provider does not report pursuant to the provisions of paragraph (1) or reports falsely, or does not permit the investigation pursuant to the provisions of the preceding paragraph or interrupts the investigation, may specify a period and order said Long-Term Care Service Provider to provide said report, correct the contents of said report, or permit such investigation.

⑤A prefectural governor, when having taken a disposition pursuant to the provisions of the preceding paragraph against a Designated Community-Based Service Provider, Designated In-Home Long-Term Care Support Provider, Designated Provider of Community-Based Service for Preventive Long-Term Care, or Designated Preventive Long-Term Care Support Provider, must without delay provide notification of such fact to the mayor of the Municipality that provided appointment as service provider to said Designated Community-Based Service Provider, Designated In-Home Long-Term Care Support Provider, Designated Provider of Community-Based Service for Preventive Long-Term Care, or Designated Preventive Long-Term Care Support Provider.

⑥A prefectural governor, when a Designated In-Home Service Provider, a Designated Provider of Preventive Long-Term Care Service, or an Establisher of a Designated Facility Covered by Public Aid Providing Long-Term Care to the Elderly, a Long-Term Care Health Facility, or an integrated facility for medical and long-term care does not act in compliance with an order pursuant to the provisions of paragraph (4), may rescind the appointment as service provider of said Designated In-Home Service Provider, Designated Provider of Preventive Long-Term Care Service, or Designated Facility Covered by Public Aid Providing Long-Term Care to the Elderly or the approval for a Long-Term Care Health Facility or integrated facility for medical and long-term care, or suspend the whole or a part of the effect of said appointment as service provider or approval within the period specified by a due date.

⑦A prefectural governor, in a case when a Designated Community-Based Service Provider, Designated In-Home Long-Term Care Support Provider, Designated Provider of Community-Based Service for Preventive Long-Term Care, or Designated Preventive Long-Term Care Support Provider does not act in compliance with an order pursuant to the provisions of paragraph (4), and the prefectural governor determines it appropriate to rescind the appointment as service provider of said Designated Community-Based Service Provider, Designated In-Home Long-Term Care Support Provider, Designated Provider of Community-Based Service for Preventive Long-Term Care, or Designated Preventive Long-Term Care Support Provider, or to suspend the whole or a part of its effect within the period specified by a due date, must provide notification of said fact, indicating said reasons, to the mayor of the Municipality that provided said appointment as service provider.

①A prefectural governor may assign a person that the prefectural governor appoints (hereinafter referred to as "Designated Investigative Agency") to conduct affairs pertaining to an investigation as set forth in paragraph (3) of the preceding Article (hereinafter referred to as "Investigation Affairs").

②Appointment as service provider as set forth in the preceding paragraph is provided in each prefectural area, by an application of a person that intends to obtain said appointment as service provider, by the governor of said prefecture.

①A Designated Investigative Agency, when implementing Investigation Affairs, act in compliance with the method as determined by Order of the Ministry of Health, Labour, and Welfare and assign investigator to Investigation Affairs.

②Investigator must be selected from those who possess expert knowledge and skill concerning Investigation Affairs and meet the requirements provided by a Cabinet Order.

①A Designated Investigative Agency (in a case when said person is a juridical person, its officers; the same applies in the following paragraph), said personnel (including an investigator; the same applies in the same paragraph), or a person that was in any of these positions must not divulge any confidential information that said person learned concerning Investigation Affairs.

②A Designated Investigative Agency and said personnel who engage in Investigation Affairs are deemed to be personnel engaged in public service pursuant to the provisions of laws and regulations with regard to application of the Penal Code and other penal provisions.

A Designated Investigative Agency, pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare, must keep books in which the matters concerning Investigation Affairs that are specified by Order of the Ministry of Health, Labour and Welfare are recorded, and preserve them.

①A prefectural governor, when it is determined to be necessary for ensuring fair and appropriate conduct of Investigation Affairs, may request a Designated Investigative Agency to report concerning Investigation Affairs, direct personnel to ask questions to a relevant person, or enter the office of said Designated Investigative Agency in order to inspect said facilities, record books and documents, or other items.

②The 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.

A Designated Investigative Agency shall not suspend or abolish the whole or a part of Investigation Affairs without obtaining approval from prefectural governor.

①A prefectural governor may appoint a person (hereinafter referred to as "Designated Public Information Center") to perform the whole or a part of those affairs, as determined by Order of the Ministry of Health, Labour, and Welfare, concerning acceptance and publication of reports of Long-Term Care Service information and appointment as service provider as a Designated Investigative Agency (hereinafter referred to as "Public Information Affairs").

②Appointment as service provider as set forth in the preceding paragraph is provided in each prefectural area, by an application of a person that intends to obtain said appointment as service provider, by the governor of said prefecture.

③The provisions of Article 115-38 to the preceding Article apply mutatis mutandis to a Designated Public Information Center. In this case, the terms "Investigation Affairs," "Designated Investigative Agency," and "personnel (including an investigator; the same applies in the same paragraph)" in these provisions are deemed to be replaced with "Public Information Affairs," "Designated Public Information Center," and "personnel" respectively, and the necessary technical replacement of terms is provided by a Cabinet Order.

In addition to those matters provided in this Section, other necessary matters concerning a Designated Investigative Agency and Designated Public Information Center are provided by a Cabinet Order.

A prefectural governor is to give consideration to publishing information concerning the quality of Long-Term Care Service and employees that engage in Long-Term Care Service (excluding that which falls under Long-Term Care Service information) as specified by Order of the Ministry of Health, Labour and Welfare, which has been provided by a Long-Term Care Service Provider that wishes to provide such information, in order to contribute to securing opportunities for Persons Requiring Long-Term Care, etc. who use or intend to use Long-Term Care Service to use said Long-Term Care Service appropriately and smoothly.