Supplementary Provisions

This Act comes into effect as of April 1, 2012; provided, however, that the provisions set forth in the following items come into effect as of the dates specified respectively in those items.

When approximately five years have passed after this Act comes into effect, the government is to review the status of enforcement of the provisions as amended by the provisions of this Act and, if it finds it necessary, is to take the required measures based on the results.

With regard to an Insured Person Subject to Domicile Exception prescribed in Article 13, paragraph (1) of the Long-Term Care Insurance Act prior to its amendment by the provisions of Article 1 (hereinafter referred to as the "Former Long-Term Care Insurance Act") who, at the time of enforcement of the provisions set forth in item (ii) of Article 1 of the Supplementary Provisions, is actually living in a Specified Facility listed in Article 13, paragraph (1), item (ii) of the Former Long-Term Care Insurance Act (excluding one that falls under a Specified Facility listed in Article 13, paragraph (1), item (ii) of the Long-Term Care Insurance Act as amended by the provisions of Article 1 (hereinafter referred to as the "New Long-Term Care Insurance Act")), the provisions then in force continue to govern.

With regard to the dispositions on whether or not to grant a designation or renewal of designation, or an approval or renewal of approval, in response to an application for designation or renewal of designation or an application for approval or renewal of approval filed before the date of enforcement of this Act (hereinafter referred to as the "Effective Date") under Article 70, paragraph (1) (including the case where applied mutatis mutandis pursuant to Article 70-2, paragraph (4) (including the case where applied mutatis mutandis pursuant to Article 78-12, Article 115-11, Article 115-21 and Article 115-31)), Article 78-2, paragraph (1), Article 79, paragraph (1) (including the case where applied mutatis mutandis pursuant to Article 79-2, paragraph (4)), Article 86, paragraph (1) (including the case where applied mutatis mutandis pursuant to Article 86-2, paragraph (4)), Article 94, paragraph (1) (including the case where applied mutatis mutandis pursuant to Article 94-2, paragraph (4)), Article 115-2, paragraph (1), Article 115-12, paragraph (1) or Article 115-22, paragraph (1) of the Former Long-Term Care Insurance Act, for which no disposition on whether or not to grant the designation or renewal of designation, or the approval or renewal of approval, has been made at the time of enforcement of this Act, the provisions then in force continue to govern.

The provisions of Article 70, paragraph (2) of the New Long-Term Care Insurance Act (including the case where applied mutatis mutandis pursuant to Article 70-2, paragraph (4) of that Act (including the case where applied mutatis mutandis pursuant to Article 78-12, Article 115-11, Article 115-21 and Article 115-31 of that Act)), Article 77, paragraph (1), Article 78-2, paragraph (4) (including the case where applied mutatis mutandis pursuant to Article 78-14, paragraph (3) of that Act), Article 78-10 (including the case where applied with the terms replaced pursuant to Article 78-17 of that Act), Article 79, paragraph (2) (including the case where applied mutatis mutandis pursuant to Article 79-2, paragraph (4) of that Act), Article 84, paragraph (1), Article 86, paragraph (2) (including the case where applied mutatis mutandis pursuant to Article 86-2, paragraph (4) of that Act), Article 92, paragraph (1), Article 94, paragraph (3) (including the case where applied mutatis mutandis pursuant to Article 94-2, paragraph (4) of that Act), Article 104, paragraph (1), Article 115-2, paragraph (2), Article 115-9, paragraph (1), Article 115-12, paragraph (2), Article 115-19, Article 115-22, paragraph (2) and Article 115-29 of that Act do not apply to a person who has been sentenced to a penalty, on the basis of an act committed before the Effective Date, under any provision of laws relating to labor prescribed in those provisions that is specified by Cabinet Order.

The provisions of Article 70, paragraph (2) of the New Long-Term Care Insurance Act (including the case where applied mutatis mutandis pursuant to Article 70-2, paragraph (4) of that Act (including the case where applied mutatis mutandis pursuant to Article 78-12, Article 115-11, Article 115-21 and Article 115-31 of that Act)), Article 78-2, paragraph (4) (including the case where applied mutatis mutandis pursuant to Article 78-14, paragraph (3) of that Act), Article 79, paragraph (2) (including the case where applied mutatis mutandis pursuant to Article 79-2, paragraph (4) of that Act), Article 86, paragraph (2) (including the case where applied mutatis mutandis pursuant to Article 86-2, paragraph (4) of that Act), Article 94, paragraph (3) (including the case where applied mutatis mutandis pursuant to Article 94-2, paragraph (4) of that Act), Article 115-2, paragraph (2), Article 115-12, paragraph (2) and Article 115-22, paragraph (2) of that Act do not apply to a disposition of delinquency of insurance premiums based on the Act on the Collection, etc. of Insurance Premiums of Labor Insurance (Act No. 84 of 1969) received before the Effective Date.

①Within a period not exceeding one year counting from the Effective Date, until the Prefectural Ordinance prescribed in Article 70, paragraph (2), item (i) of the New Long-Term Care Insurance Act is enacted and comes into effect, a person who satisfies the standards specified by Order of the Ministry of Health, Labour and Welfare prescribed in paragraph (3) of that Article is deemed to be a person specified by the Prefectural Ordinance concerned.

②Within a period not exceeding one year counted from the Effective Date, with regard to the application of Article 78-2, paragraph (1) of the New Long-Term Care Insurance Act to the designation under the main clause of Article 42-2, paragraph (1) of the New Long-Term Care Insurance Act pertaining to a Municipality (including special city wards; the same applies hereinafter) during the period until a Municipal Ordinance based on the provisions of Article 78-2, paragraph (1) of the New Long-Term Care Insurance Act is enacted and enforced for that Municipality, the phrase "the admission capacity of which is 29 or less and is the number specified by Municipal Ordinance" in that paragraph is deemed to be replaced with "the admission capacity of which is 29 or less".

③Within a period not exceeding one year counted from the Effective Date, until a Municipal Ordinance prescribed in Article 78-2, paragraph (4), item (i) of the New Long-Term Care Insurance Act is enacted and enforced, a person who satisfies the standards specified by Order of the Ministry of Health, Labour and Welfare prescribed in paragraph (5) of that Article is deemed to be a person specified by the Municipal Ordinance of that Municipality.

④Within a period not exceeding one year counted from the Effective Date, with regard to the application of Article 86, paragraph (1) of the New Long-Term Care Insurance Act to the designation under Article 48, paragraph (1), item (i) of the New Long-Term Care Insurance Act pertaining to a prefecture during the period until a Prefectural Ordinance based on the provisions of Article 86, paragraph (1) of the New Long-Term Care Insurance Act is enacted and enforced for that prefecture, the phrase "thirty (30) or more and is a number specified by Prefectural Ordinance" in that paragraph is deemed to be replaced with "thirty (30) or more".

⑤Within a period not exceeding one year counted from the Effective Date, until a Prefectural Ordinance prescribed in Article 115-2, paragraph (2), item (i) of the New Long-Term Care Insurance Act is enacted and enforced, a person who satisfies the standards specified by Order of the Ministry of Health, Labour and Welfare prescribed in paragraph (3) of that Article is deemed to be a person specified by the Prefectural Ordinance of that prefecture.

⑥Within a period not exceeding one year counted from the Effective Date, until a Municipal Ordinance prescribed in Article 115-12, paragraph (2), item (i) of the New Long-Term Care Insurance Act is enacted and enforced, a person who satisfies the standards specified by Order of the Ministry of Health, Labour and Welfare prescribed in paragraph (3) of that Article is deemed to be a person specified by the Municipal Ordinance of that Municipality.

The provisions of Article 9 of the Supplementary Provisions of the New Long-Term Care Insurance Act apply to an Insured Person of Long-Term Care Insurance who is admitted to a converted Community-Based Facility for the Elderly Covered by Public Aid Requiring Long-Term Care prescribed in paragraph (1) of that Article that has become one on or after the Effective Date (limited to a person who is found to have changed his or her domicile to the place where the former Facility Covered by Public Aid Providing Long-Term Care to the Elderly prescribed in paragraph (1) of that Article is located by being admitted to that former Facility Covered by Public Aid Providing Long-Term Care to the Elderly), and who is found to have had domicile in a Municipality other than the Municipality where that former Facility Covered by Public Aid Providing Long-Term Care to the Elderly is located when admitted to that former Facility Covered by Public Aid Providing Long-Term Care to the Elderly.

The enactment or amendment of Prefectural or Municipal Ordinances necessary to enforce this Act, the procedure for designation under Article 24-3, paragraph (1) of the New Long-Term Care Insurance Act, the procedure for designation under the main clause of Article 42-2, paragraph (1) of the New Long-Term Care Insurance Act pursuant to the provisions of Article 78-2 of the New Long-Term Care Insurance Act (limited to that pertaining to Periodic Patrol and On-Demand Home-Visit Long-Term Care and Nursing and combined service), the procedure for designation under the main clause of Article 42-2, paragraph (1) of the New Long-Term Care Insurance Act pursuant to the provisions of Article 78-13, paragraph (1) of the New Long-Term Care Insurance Act, and other acts may be performed even before the Effective Date.

If the Effective Date is before the date of enforcement of the Act Partially Amending the Act on Securement of Stable Supply of Elderly Persons' Housing, etc., with regard to the application, during the period up to the day preceding the date of enforcement of that Act, of Article 118, paragraph (6) of the New Long-Term Care Insurance Act and Article 118, paragraph (6) of the amended 2006 Former Long-Term Care Insurance Act, the phrase "Article 4, paragraph (1) of the Act on Securement of Stable Supply of Elderly Persons' Housing" in these provisions is deemed to be replaced with "Article 3-2, paragraph (1) of the Act on Securement of Stable Supply of Elderly Persons' Housing (Act No. 26 of 2001)".

The provisions then in force continue to govern the application of penal provisions to conduct engaged in before this Act (or, for the provisions set forth in Article 1, item (i) of the Supplementary Provisions, those provisions) comes into effect.

Beyond what is provided for in these Supplementary Provisions, the transitional measures necessary in connection with the enforcement of this Act (including transitional measures concerning penal provisions) are specified by Cabinet Order.