Article 114-6Rescission of the Approval, etc.
第百十四条の六(許可の取消し等)
A prefectural governor, in a case that corresponds to any of the following items, may rescind the approval set forth in Article 107, paragraph (1) pertaining to said integrated facility for medical and long-term care (hereinafter referred to as "approval" in this Article), or suspend the whole or a part of the effect of the approval, specifying a period.
when an establisher of an integrated facility for medical and long-term care does not commence said operation for six months or more after obtaining approval without a reasonable basis;
when an integrated facility for medical and long-term care has come to correspond to any of Article 107, paragraph (3), items (iv) through (vi), item (xiii) (excluding when it is one that has a person who corresponds to item (vii)), or item (xiv) (excluding when it is one that has a person who corresponds to item (vii));
when it is determined that an Establisher of an integrated facility for medical and long-term care violates the obligation prescribed in Article 111, paragraph (7);
when an Establisher of an integrated facility for medical and long-term care committed a crime or act of dishonesty concerning medical business;
介護医療院の開設者に犯罪又は医事に関する不正行為があったとき。
when an integrated facility for medical and long-term care is entrusted with an investigation pursuant to the provisions of Article 28, paragraph (5) and submits a false report regarding the result of said investigation;
第二十八条第五項の規定により調査の委託を受けた場合において、当該調査の結果について虚偽の報告をしたとき。
when an Allowance for Long-Term Care Facility Service is wrongly requested;
施設介護サービス費の請求に関し不正があったとき。
when an Establisher of an Integrated Facility for Medical and Long-Term Care, etc. is ordered to report, submit or present medical records and other record books and documents pursuant to the provisions of Article 114-2, paragraph (1), but disobeys said order or submits a false report;
介護医療院の開設者等が、第百十四条の二第一項の規定により報告又は診療録その他の帳簿書類の提出若しくは提示を命ぜられてこれに従わず、又は虚偽の報告をしたとき。
when an Establisher of an Integrated Facility for Medical and Long-Term Care, etc. is requested to appear pursuant to the provisions of Article 114-2, paragraph (1), but does not respond or does not reply to questions pursuant to the provisions of the same paragraph or submits a false reply, or refuses, interrupts, or interferes with an inspection pursuant to the provisions of the same paragraph, however, provided that this provision does not apply when an employee of the integrated facility for medical and long-term care performed said act and an establisher or a manager of said integrated facility for medical and long-term care was faithfully providing reasonable care and supervision in order to prevent said act;
介護医療院の開設者等が、第百十四条の二第一項の規定により出頭を求められてこれに応ぜず、同項の規定による質問に対して答弁せず、若しくは虚偽の答弁をし、又は同項の規定による検査を拒み、妨げ、若しくは忌避したとき。ただし、介護医療院の従業者がその行為をした場合において、その行為を防止するため、当該介護医療院の開設者又は管理者が相当の注意及び監督を尽くしたときを除く。
in addition to the cases listed in the preceding items, when an Establisher of an integrated facility for medical and long-term care violates this Act, another Act concerning citizens' health and medical care and public aid as provided by a Cabinet Order, or an Order or disposition of a matter based on these Acts;
in addition to the cases listed in the preceding items, when an Establisher of an integrated facility for medical and long-term care performs a wrongful or significantly unjustifiable act concerning In-Home Service, etc.;
in a case when an Establisher of an integrated facility for medical and long-term care is a juridical person, when any of its Officers or the manager of said integrated facility for medical and long-term care is a person who performed a wrongful or significantly unjustifiable act concerning In-Home Service, etc. within five years before the time of intending to effect rescission of the approval or suspension of the whole or a part of the effect of the approval;
in a case when an Establisher of an integrated facility for medical and long-term care is not a juridical person among those provided by the Minister of Health, Labour and Welfare as set forth in Article 107, paragraph (3), item (i), when the manager is a person who performed a wrongful or significantly unjustifiable act concerning In-Home Service, etc. within five years before the time of intending to effect rescission of the approval or suspension of the whole or a part of the effect of the approval.
介護医療院の開設者が第百七条第三項第一号の厚生労働大臣が定める者のうち法人でないものである場合において、その管理者が許可の取消し又は許可の全部若しくは一部の効力の停止をしようとするとき前五年以内に居宅サービス等に関し不正又は著しく不当な行為をした者であるとき。
A Municipality, when it is determined that an integrated facility for medical and long-term care that conducted an investigation entrusted pursuant to the provisions of Article 28, paragraph (5) or provided service at an integrated facility for medical and long-term care pertaining to an insurance benefit corresponds to any provision of the items of the preceding paragraph, must provide notification of said fact to the prefectural governor that governs the location of said integrated facility for medical and long-term care.
The Minister of Health, Labour and Welfare, with regard to the affairs that belong to the authority of the prefectural governor as prescribed in paragraph (1), when it determines the urgent necessity to secure the life and physical safety of persons admitted to an integrated facility for medical and long-term care, may instruct the prefectural governor to conduct the affairs as set forth in the same paragraph.
第百十四条の七(公示)
A prefectural governor must give public notice of the name of the Establisher of an integrated facility for medical and long-term care, the location of said integrated facility for medical and long-term care, and other matters specified by Order of the Ministry of Health, Labour and Welfare in the following cases:
都道府県知事は、次に掲げる場合には、介護医療院の開設者の名称又は氏名、当該介護医療院の所在地その他の厚生労働省令で定める事項を公示しなければならない。
when the approval under the provisions of Article 107, paragraph (1) has been given;
第百七条第一項の規定による許可をしたとき。
when notification of discontinuation under the provisions of Article 113, paragraph (2) has been made;
第百十三条第二項の規定による廃止の届出があったとき。
when the approval under Article 107, paragraph (1) has been rescinded, or the whole or a part of the effect of the approval has been suspended, pursuant to the provisions of paragraph (1) of the preceding Article or Article 115-35, paragraph (6).
前条第一項又は第百十五条の三十五第六項の規定により第百七条第一項の許可を取り消し、又は許可の全部若しくは一部の効力を停止したとき。
The provisions of Article 9, paragraph (2) of the Medical Care Act apply mutatis mutandis to an Establisher of an integrated facility for medical and long-term care, the provisions of Article 14-4 and Article 15, paragraph (1) and paragraph (3) of that Act apply mutatis mutandis to a manager of an integrated facility for medical and long-term care, and the provisions of Article 30 of that Act apply mutatis mutandis to a disposition pursuant to the provisions of Article 114-3, Article 114-4, paragraph (1), Article 114-5, paragraph (3) and Article 114-6, paragraph (1). In this case, the necessary technical replacement of terms in these provisions is provided by a Cabinet Order.
医療法第九条第二項の規定は、介護医療院の開設者について、同法第十四条の四並びに第十五条第一項及び第三項の規定は、介護医療院の管理者について、同法第三十条の規定は、第百十四条の三、第百十四条の四第一項、第百十四条の五第三項及び第百十四条の六第一項の規定による処分について準用する。この場合において、これらの規定に関し必要な技術的読替えは、政令で定める。
Article 115Relationship with the Medical Care Act
第百十五条(医療法との関係等)
An integrated facility for medical and long-term care is not a hospital or a clinic as used in the Medical Care Act, however, provided that the terms "hospital" and "clinic" in the provisions of laws and regulations other than that Act and orders based on it (except for the provisions of the Health Insurance Act, the National Health Insurance Act, and other laws and regulations that are provided by a Cabinet Order) include an integrated facility for medical and long-term care (in the provisions of laws and regulations provided by a Cabinet Order, except for those provided by a Cabinet Order).
An Establisher of an integrated facility for medical and long-term care may, notwithstanding the provisions of Article 3, paragraph (1) of the Medical Care Act, use the term "integrated facility for medical and long-term care" in the name of said integrated facility for medical and long-term care.