Public Assistance Act

The Minister of Health, Labour and Welfare shall designate providers in charge of in-home care services, preparation of in-home care support plans, furnishing of welfare equipment, facility care services, care prevention services, preparation of care prevention support plans, furnishing of welfare equipment for care prevention, or furnishing of care prevention and daily life support for long-term care assistance under this Act with regard to Community-Based Facilities for the Elderly Covered by Public Aid Requiring Long-Term Care, Facilities Covered by Public Aid Providing Long-Term Care to the Elderly, long-term care health facilities or integrated facilities for medical and long-term care established by the State, and a prefectural governor shall designate such providers with regard to any other Community-Based Facilities for the Elderly Covered by Public Aid Requiring Long-Term Care, Facilities Covered by Public Aid Providing Long-Term Care to the Elderly, long-term care health facilities or integrated facilities for medical and long-term care, persons who provide in-home care services as their business or persons who prepare in-home care support plans as their business, specified welfare equipment dealers, persons who provide care prevention services as their business or persons who prepare care prevention support plans as their business, specified care prevention welfare equipment dealers or care prevention and daily life support providers.

When, for a long-term care provider, the designation or permission listed in the second column of Appended Table 2 has been given in accordance with the type of long-term care provider listed in the first column of that table, that long-term care provider is deemed to have received the designation under the preceding paragraph at the time of that designation or permission; provided, however, that this does not apply where that long-term care provider (excluding a Community-Based Facility for the Elderly Covered by Public Aid Requiring Long-Term Care and a Facility Covered by Public Aid Providing Long-Term Care to the Elderly) has, in advance and in accordance with the provisions of an Order of the Ministry of Health, Labour and Welfare, made a separate notification.

In the case of a long-term care provider designated pursuant to the provisions of paragraph (1) that has received the designation or permission listed in the second column of Appended Table 2 (including one deemed to have received the designation under paragraph (1) pursuant to the provisions of the main clause of the preceding paragraph; hereinafter referred to as a "designated long-term care provider under Appended Table 2" in this paragraph, the following paragraph and paragraph (7)), the designation under paragraph (1) ceases to be effective when that designated long-term care provider under Appended Table 2 falls under a case listed in the third column of that table.

The designation under paragraph (1) pertaining to a designated long-term care provider under Appended Table 2 is suspended in effect (limited to the part for which the effect of the designation or permission under the provision of the Long-Term Care Insurance Act listed in the same column has been suspended, in each case) for the period in which that designated long-term care provider under Appended Table 2 falls under a case listed in the fourth column of Appended Table 2.

The provisions of Article 49-2 (excluding paragraph (2), item (i)) apply mutatis mutandis to the designation under paragraph (1) (excluding that pertaining to a care prevention and daily life support provider), and the provisions of Article 50 to the preceding Article apply mutatis mutandis to a long-term care provider designated pursuant to the provisions of paragraph (1) (including one deemed to have received the designation under paragraph (1) pursuant to the provisions of the main clause of paragraph (2), and excluding a care prevention and daily life support provider that received the designation under paragraph (1) (including one deemed to have received the designation under paragraph (1) pursuant to the provisions of the main clause of paragraph (2))). In this case, the term "designated medical care provider" in Article 50, paragraph (1) is deemed to be replaced with "a long-term care provider designated pursuant to the provisions of Article 54-2, paragraph (1) (including one deemed to have received the designation under paragraph (1) of that Article pursuant to the provisions of the main clause of paragraph (2) of that Article, and excluding a care prevention and daily life support provider that received the designation under paragraph (1) of that Article (including one deemed to have received the designation under paragraph (1) of that Article pursuant to the provisions of the main clause of paragraph (2) of that Article); hereinafter referred to as a "designated long-term care provider" in this Chapter)", the term "designated medical care provider" in paragraph (2) of that Article and Article 50-2 with "designated long-term care provider", the term "designated medical care provider" in Article 51, paragraph (1) with "designated long-term care provider (excluding those pertaining to a Community-Based Facility for the Elderly Covered by Public Aid Requiring Long-Term Care and a Facility Covered by Public Aid Providing Long-Term Care to the Elderly)", the term "designated medical care provider" in paragraph (2) of that Article, Article 52, paragraph (1) and Article 53, paragraphs (1) to (3) with "designated long-term care provider", the phrase "an examination committee prescribed in the Act on the Medical Information Infrastructure and Medical Fee Examination and Payment Organization (Act No. 129 of 1948) or an examination organ related to medical care that has been specified by Cabinet Order" in paragraph (3) of that Article with "an examination committee for Long-Term Care Benefit expenses, etc. prescribed in the Long-Term Care Insurance Act", the term "designated medical care provider" in paragraph (4) of that Article with "designated long-term care provider" and the phrase "the Medical Information Infrastructure and Medical Fee Examination and Payment Organization or a person specified by an Order of the Ministry of Health, Labour and Welfare" in that paragraph with "the Federation of National Health Insurance Associations", and the term "designated medical care provider" in paragraph (1) of the preceding Article with "designated long-term care provider", and necessary technical replacement of terms is to be specified by Cabinet Order.

The provisions of Article 49-2, paragraphs (1) and (3) apply mutatis mutandis to the designation under paragraph (1) (limited to that pertaining to a care prevention and daily life support provider), and the provisions of Article 50, Article 50-2, Article 51 (excluding paragraph (2), items (i), (viii) and (x)), and Article 52 to the preceding Article apply mutatis mutandis to a long-term care provider designated pursuant to the provisions of paragraph (1) (limited to a care prevention and daily life support provider that received the designation under paragraph (1) (including one deemed to have received the designation under paragraph (1) pursuant to the provisions of the main clause of paragraph (2))). In this case, the phrase "the Minister of Health, Labour and Welfare" in Article 49-2, paragraphs (1) and (3) is deemed to be replaced with "a prefectural governor", the term "designated medical care provider" in Article 50, paragraph (1) with "a long-term care provider designated pursuant to the provisions of Article 54-2, paragraph (1) (limited to a care prevention and daily life support provider that received the designation under paragraph (1) of that Article (including one deemed to have received the designation under paragraph (1) of that Article pursuant to the provisions of the main clause of paragraph (2) of that Article); hereinafter referred to as a "designated long-term care provider" in this Chapter)", the term "designated medical care provider" in paragraph (2) of that Article and Article 50-2 with "designated long-term care provider", the phrase "the Minister of Health, Labour and Welfare or a prefectural governor" in paragraph (2) of Article 50 with "a prefectural governor" and the phrase "the Minister of Health, Labour and Welfare or prefectural governor" in Article 50-2 with "the prefectural governor", the term "designated medical care provider" in Article 51, paragraph (1) with "designated long-term care provider", the phrase "designated medical care provider falls under any of the following" in paragraph (2) of that Article with "designated long-term care provider falls under any of the following" and the phrase "the Minister of Health, Labour and Welfare, in the case of a medical care provider designated by the Minister of Health, Labour and Welfare, and a prefectural governor, in the case of a medical care provider designated by a prefectural governor" in that paragraph with "a prefectural governor", the term "designated medical care provider" in items (ii) to (vii) and (ix) of that paragraph, Article 52, paragraph (1) and Article 53, paragraphs (1) to (3) with "designated long-term care provider", the phrase "an examination committee prescribed in the Act on the Medical Information Infrastructure and Medical Fee Examination and Payment Organization (Act No. 129 of 1948) or an examination organ related to medical care that has been specified by Cabinet Order" in paragraph (3) of that Article with "an examination committee for Long-Term Care Benefit expenses, etc. prescribed in the Long-Term Care Insurance Act", the term "designated medical care provider" in paragraph (4) of that Article with "designated long-term care provider" and the phrase "the Medical Information Infrastructure and Medical Fee Examination and Payment Organization or a person specified by an Order of the Ministry of Health, Labour and Welfare" in that paragraph with "the Federation of National Health Insurance Associations", the phrase "A prefectural governor (the Minister of Health, Labour and Welfare or a prefectural governor, in the case of a designated medical care provider designated by the Minister of Health, Labour and Welfare)" in paragraph (1) of the preceding Article with "A prefectural governor", the phrase "designated medical care provider, or a person who was the establisher, administrator, doctor, pharmacist or other worker of a designated medical care provider" in that paragraph with "designated long-term care provider, or a person who was the establisher, administrator, doctor, pharmacist or other worker of a designated long-term care provider", the phrase "articles, request the establisher, administrator, doctor, pharmacist or other worker of a designated medical care provider" in that paragraph with "articles, request the establisher, administrator, doctor, pharmacist or other worker of a designated long-term care provider", and the phrase "the designated medical care provider" in that paragraph with "the designated long-term care provider", and necessary technical replacement of terms is to be specified by Cabinet Order.

When a notification listed in the fifth column of Appended Table 2 has been made for a designated long-term care provider under Appended Table 2, a notification is deemed to have been made, based on those of the grounds pertaining to that notification that correspond to the grounds for notification under the provisions of Article 50-2 as applied mutatis mutandis pursuant to paragraph (5).

A prefectural governor shall designate, from among midwives or amma-massage practitioners, acupuncturists, moxa-cauterists or judo therapists, providers in charge of midwifery for maternity assistance under this Act or treatment for medical assistance under this Act.

The provisions of Article 49-2, paragraph (1), paragraph (2) (excluding item (i), the proviso to item (iv), and items (vii) and (ix)) and paragraph (3) apply mutatis mutandis to the designation under the preceding paragraph, and the provisions of Article 50, Article 50-2, Article 51 (excluding paragraph (2), item (iv), the proviso to item (vi), and item (x)) and Article 54 apply mutatis mutandis to a midwife or an amma-massage practitioner, acupuncturist, moxa-cauterist or judo therapist who has received the designation under the preceding paragraph. In this case, the phrase "the Minister of Health, Labour and Welfare" in Article 49-2, paragraphs (1) and (2) is deemed to be replaced with "a prefectural governor", the phrase "a person whose designation has been rescinded pursuant to Article 51, paragraph (2) and for whom five years have not elapsed from the date of the rescission (including a person who was, within 60 days before the date on which the notice under Article 15 of the Administrative Procedure Act pertaining to the disposition of the rescission was given, the administrator of the hospital or clinic, or pharmacy, whose designation was rescinded, and for whom five years have not elapsed from the date of the rescission)" in item (iv) of that paragraph with "a person whose designation has been rescinded pursuant to Article 51, paragraph (2) and for whom five years have not elapsed from the date of the rescission", the phrase "the Minister of Health, Labour and Welfare" in paragraph (3) of that Article with "a prefectural governor", the term "designated medical care provider" in Article 50, paragraph (1) with "a midwife or an amma-massage practitioner, acupuncturist, moxa-cauterist or judo therapist who has been designated pursuant to the provisions of Article 55, paragraph (1) (hereinafter referred to in this Chapter as a "designated midwifery provider" or "designated treatment provider", respectively)", the term "designated medical care provider" in paragraph (2) of that Article with "designated midwifery provider or designated treatment provider" and the phrase "the Minister of Health, Labour and Welfare or a prefectural governor" in that paragraph with "a prefectural governor", the phrase "A designated medical care provider" in Article 50-2 with "A designated midwifery provider or designated treatment provider", the phrase "said designated medical care provider" in that Article with "said designated midwifery provider or designated treatment provider" and the phrase "the Minister of Health, Labour and Welfare or prefectural governor" in that Article with "the prefectural governor", the term "designated medical care provider" in Article 51, paragraph (1) with "designated midwifery provider or designated treatment provider", the phrase "designated medical care provider falls under any of the following" in paragraph (2) of that Article with "designated midwifery provider or designated treatment provider falls under any of the following", the phrase "the Minister of Health, Labour and Welfare, in the case of a medical care provider designated by the Minister of Health, Labour and Welfare, and a prefectural governor, in the case of a medical care provider designated by a prefectural governor" in that paragraph with "a prefectural governor", the term "designated medical care provider" in paragraph (2), items (i) to (iii) and (v) of that Article with "designated midwifery provider or designated treatment provider", the phrase "an establisher or a worker of a designated medical care provider" in item (vi) of that paragraph with "a designated midwifery provider or designated treatment provider", the term "designated medical care provider" in items (vii) to (ix) of that paragraph with "designated midwifery provider or designated treatment provider", the phrase "A prefectural governor (the Minister of Health, Labour and Welfare or a prefectural governor, in the case of a designated medical care provider designated by the Minister of Health, Labour and Welfare)" in Article 54, paragraph (1) with "A prefectural governor", the phrases "a designated medical care provider, or a person who was the establisher, administrator, doctor, pharmacist or other worker of a designated medical care provider (hereinafter in this paragraph referred to as a 'former establisher, etc.')" and "the establisher, administrator, doctor, pharmacist or other worker of a designated medical care provider (including a former establisher, etc.)" in that paragraph with "a designated midwifery provider, a designated treatment provider, or a person who was either of these", and the phrase "the designated medical care provider" in that paragraph with "the designated midwifery provider or designated treatment provider", and necessary technical replacement of terms is to be specified by Cabinet Order.

The provisions of Articles 52 and 53 apply mutatis mutandis to medical facilities for persons requiring public assistance.

In any of the following cases, the Minister of Health, Labour and Welfare or a prefectural governor shall publicly notify to that effect:

When the designation under Article 49, Article 54-2, paragraph (1) or Article 55, paragraph (1) has been made

When a notification under the provisions of Article 50-2 (including the cases where it is applied mutatis mutandis pursuant to Article 54-2, paragraphs (5) and (6) and Article 55, paragraph (2)) has been given

When declination of the designation under Article 49, Article 54-2, paragraph (1) or Article 55, paragraph (1) has been made pursuant to the provisions of Article 51, paragraph (1) (including the cases where it is applied mutatis mutandis pursuant to Article 54-2, paragraphs (5) and (6) and Article 55, paragraph (2))

When the designation under Article 49, Article 54-2, paragraph (1) or Article 55, paragraph (1) has been rescinded pursuant to the provisions of Article 51, paragraph (2) (including the cases where it is applied mutatis mutandis pursuant to Article 54-2, paragraphs (5) and (6) and Article 55, paragraph (2))