Article 107Approval for Establishment

二when said integrated facility for medical and long-term care does not have the medical care rooms, consultation rooms, treatment rooms and functional training rooms prescribed in Article 111, paragraph (1), and the facilities specified by Prefectural Ordinance, or the personnel specified by Order of the Ministry of Health, Labour and Welfare and by Prefectural Ordinance as set forth in paragraph (2) of the same Article;

三when it is determined that proper management of an integrated facility for medical and long-term care cannot be conducted in accordance with the standards pertaining to facilities and management of an integrated facility for medical and long-term care as prescribed in Article 111, paragraph (3);

四when the applicant is punished by imprisonment or a severer punishment and execution of said punishment has not yet been completed or has not yet expired;

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

六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;

七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 arrived on or after the day of receiving said disposition;

八when the applicant has had approval rescinded pursuant to the provisions of Article 114-6, paragraph (1) or Article 115-35, paragraph (6) and five years have not elapsed from the date of said rescission (including, in the case where the person whose approval was rescinded is a juridical person, a person who was an Officer of said juridical person or a manager of the integrated facility for medical and long-term care that said juridical person established within sixty days prior to the date of notification pursuant to the provisions of Article 15 of the Administrative Procedure Act pertaining to said disposition of rescission and for whom five years have not elapsed from the date of said rescission, and including, in the case where the person whose approval was rescinded is a person who is not a juridical person among the persons specified by the Minister of Health, Labour and Welfare in item (i), a person who was a manager of the integrated facility for medical and long-term care established by said person within sixty days prior to the date of said notification and for whom five years have not elapsed from the date of said rescission). However, this does not apply where the rescission of the approval falls under a rescission of the approval of an integrated facility for medical and long-term care that is specified by Order of the Ministry of Health, Labour and Welfare as one found appropriate not to be treated as the rescission of approval prescribed in the main clause of this item, in consideration of the fact that constituted the ground for the disposition of rescission of the approval, the status of efforts toward the establishment of an operational control system by the establisher of said integrated facility for medical and long-term care to prevent the occurrence of said fact, and other matters concerning the degree of responsibility that the establisher of said integrated facility for medical and long-term care had in relation to said fact;

九when the applicant is a person that submitted a notification of abolition pursuant to the provisions of Article 113, paragraph (2) during the period 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 approval pursuant to the provisions of Article 114-6, paragraph (1) or Article 115-35, paragraph (6) to the date on which said disposition is made or the date on which a decision not to make a disposition is made (excluding a person that has a reasonable basis for said abolition), and five years have not elapsed from the date of said notification;

十when the applicant is a person that submitted a notification of abolition pursuant to the provisions of Article 113, paragraph (2) during the period from the date on which an inspection pursuant to the provisions of Article 114-2, paragraph (1) was conducted to the expected hearing decision date (meaning, where the prefectural governor has, pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare, notified said applicant of a specific date within 10 days from the date on which said inspection was conducted as the date on which a decision is expected to be made, based on the result of said inspection, as to whether or not to hold a hearing pertaining to a disposition of rescission of the approval pursuant to the provisions of Article 114-6, paragraph (1), said specific date) (excluding a person that has a reasonable basis for said abolition), and five years have not elapsed from the date of said notification;

十一in the case where a notification of abolition pursuant to the provisions of Article 113, paragraph (2) has been submitted within the period prescribed in item (ix), when the applicant is a person that was, within sixty days prior to the date of notification set forth in the same item, an Officer of the juridical person pertaining to said notification (excluding a juridical person that has a reasonable basis for said abolition) or a manager of the integrated facility for medical and long-term care that said juridical person established, or a manager of an integrated facility for medical and long-term care established by a person who is not a juridical person among the persons specified by the Minister of Health, Labour and Welfare in item (i) pertaining to said notification (excluding a person that has a reasonable basis for said abolition), and five years have not elapsed from the date of said notification;

十二when the applicant is a person that performed a wrongful or significantly unjustifiable act pertaining to In-Home Service, etc., within five years prior to an application for approval;

十三when the applicant is a juridical person and any of its Officers, etc. is a person who corresponds to any of the provisions of item (iv) through the preceding item;

十四when the applicant is a person who is not a juridical person among the persons specified by the Minister of Health, Labour and Welfare in item (i), and among the person who manages the Business Office of the applicant and the other employees specified by Cabinet Order there is a person who corresponds to any of the provisions of item (iv) through item (xii);