Article 78-2-2Special Provisions for Coexistence-Type Community-Based Service Providers

①In a case when, with regard to a Business Office pertaining to Community-Based Outpatient Day Long-Term Care or another Community-Based Service specified by Order of the Ministry of Health, Labour and Welfare, an application set forth in paragraph (1) of the preceding Article (including as applied mutatis mutandis pursuant to Article 70-2, paragraph (4) as applied mutatis mutandis pursuant to Article 78-12) pertaining to said Business Office is filed by a person who has received the designation under Article 21-5-3, paragraph (1) of the Child Welfare Act (limited to that pertaining to the type of day support for children with disabilities specified by Order of the Ministry of Health, Labour and Welfare according to the type of Community-Based Service provided by said Business Office) or the designation as a Designated Provider of welfare service for persons with disabilities under Article 29, paragraph (1) of the Comprehensive Support for Persons with Disabilities Act (limited to that pertaining to the type of welfare service for persons with disabilities specified by Order of the Ministry of Health, Labour and Welfare according to the type of Community-Based Service provided by said Business Office), and all of the following items are satisfied, with regard to the application of paragraph (4) of the preceding Article (including as applied mutatis mutandis pursuant to Article 70-2, paragraph (4) as applied mutatis mutandis pursuant to Article 78-12; the same applies hereinafter in this paragraph), the phrase "as set forth in Article 78-4, paragraph (1)" in item (ii) of that paragraph is deemed to be replaced with "pertaining to employees that engage in the Designated Community-Based Service set forth in paragraph (1), item (i) of the following Article", the phrase "or the number of employees determined by Municipal Ordinance as set forth in the same paragraph, or the standards concerning employees that engage in Designated Community-Based Service as prescribed in paragraph (5) of the same Article" is deemed to be replaced with "or the number of employees determined by Municipal Ordinance as set forth in the same item", and the phrase "Article 78-4, paragraph (2) or paragraph (5)" in item (iii) of that paragraph is deemed to be replaced with "paragraph (1), item (ii) of the following Article"; provided, however, that this does not apply when the applicant has given a different notification as provided by Order of the Ministry of Health, Labour and Welfare:

②A Municipality, in establishing the Municipal Ordinances set forth in the items of the preceding paragraph, is to establish the matters listed in item (i) through item (iv) in accordance with the standards determined by Order of the Ministry of Health, Labour and Welfare, is to establish the matters listed in item (v) using the standards determined by Order of the Ministry of Health, Labour and Welfare as the benchmark, and is to take into consideration the standards determined by Order of the Ministry of Health, Labour and Welfare for other matters:

③The Minister of Health, Labour and Welfare, when intending to establish the standards determined by Order of the Ministry of Health, Labour and Welfare prescribed in the preceding paragraph (limited to the part concerning the handling of Designated Community-Based Service), must hear the opinion of the Social Security Council in advance.

⑤A person prescribed in paragraph (1) who has received the designation under the main clause of Article 42-2, paragraph (1) pertaining to the application set forth in that paragraph, when intending to discontinue or suspend the business of designated day support prescribed in Article 21-5-3, paragraph (1) of the Child Welfare Act (limited to that conducted at the Business Office pertaining to said designation) or the business of designated welfare service for persons with disabilities prescribed in Article 29, paragraph (1) of the Comprehensive Support for Persons with Disabilities Act (limited to that conducted at the Business Office pertaining to said designation), must notify the mayor of the Municipality that made said designation to that effect, as provided by Order of the Ministry of Health, Labour and Welfare, no later than one month before the date of the discontinuation or suspension. In this case, when said notification is made, notification of discontinuation or suspension of the business pursuant to the provisions of Article 78-5, paragraph (2) is deemed to have been made with regard to the business of Designated Community-Based Service pertaining to said designation.