Services and Supports for Persons with Disabilities Act (Act No. 123 of 2005)

Chapter II　Payment for Services and Supports for Persons with Disabilities

Subsection 5 Designated Welfare Service Business Operators for Persons with Disabilities; Designated Support Facilities etc. and Designated Consultation Support Business Operators

Article 36 (Designation of Designated Welfare Service operators for Persons with Disabilities)

(1) Designation of designated welfare service business operators of paragraph 1 of Article 29 shall be conducted by an application from a person who provides welfare service for persons with disabilities per kind of welfare service for persons with disabilities and per place of business providing welfare service for persons with disabilities (hereinafter referred to as "place of business for service"; the same shall apply in this Subsection) pursuant to the provision of Ordinance of the Ministry of Health, Labour and Welfare.

(2) The application set forth in the provision of the preceding paragraph pertaining to the support for continuous employment, etc. and the other welfare service for persons with disabilities prescribed in Ordinance of the Ministry of Health, Labour and Welfare (hereinafter referred to as "specified welfare service for persons with disabilities" in this Article and paragraph 1 of the succeeding Article) shall be filed with determining the amount of such specified welfare service for persons with disabilities.

(3) In the event that the application set forth in paragraph 1 has been filed, prefectural governors shall not appoint designated welfare service business operators if they correspond to any of items from (i) to (iii), (v) to (vii), (ix) or (x) (in the case of an application for designation pertaining to the medical care: from (ii) to (xi)).

(i) An applicant is not juridical persons.

(ii) Employees' knowledge and skills, and the number of employees of a place of business for service pertaining to an application do not satisfy the standard prescribed in Ordinance of the Ministry of Health, Labour and Welfare of paragraph 1 of Article 43.

(iii) Applicant is recognized as being not capable of operating appropriate welfare service business for persons with disabilities pursuant to the standard

concerning equipment and operation of designated welfare service for persons with disabilities prescribed in Ordinance of the Ministry of Health, Labour and Welfare of paragraph 2 of Article 43.

(iv) An applicant is who was sentenced to imprisonment or more serious charge and completed the execution thereof or is no longer executed.

(v) An applicant is who was fined pursuant to this Act or other Acts concerning

national healthcare or welfare provided in the Cabinet Order, completed the payment thereof or is no longer executed.

(vi)An applicant has been who was rescinded with their designation pursuant to the provision of paragraph 1 of Article 50 (including the case where it is applied mutatis mutandis pursuant to paragraph 3 and 4 of the same Article; the same shall apply in this paragraph.) and who has not yet spent 5 years of the date of rescission (in the event that such person whose designation was rescinded is a juridical person, a person who was a board member of such juridical person, a person who directed the place of business for service, or a person who is the other employee prescribed in the Cabinet Order (hereinafter referred to as "board member, etc.") within 60 days of the day of notice pursuant to Article 15 of Administrative Procedure Act (Act No. 88 of 1993) pertaining to such rescission, who has not yet spent 5 years from the day of such rescission shall be included; in the event that such person whose designation was rescinded is not a juridical person, a manager of such person within 60 days of the day of such notice, who has not yet spent 5 years from the day of such rescission shall be included.) An Applicant is the person who

(vii) notified abolition of service pursuant to paragraph 1 of Article 46 during the period from the day of notice pursuant to Article 15 of Administrative Procedure Act pertaining to rescission of designation pursuant to paragraph 1 of Article 50 till the day when such disposition is made or decision not to dispose is made (except the person who has just causes for such service abolition) who has not yet spent 5 years from the day of such notification.

(viii) In the event that an abolition of service is notified pursuant to paragraph 1 of Article 46, an applicant is a member of board or a manager of non-corporation pertaining to such report (except those who have just causes for such service abolition) or a juridical person pertaining to such report within 60 days before a day of notice provided in the same paragraph (except those who have just causes for such service abolition), who has not yet spent 5 years from the day of such notification.

(ix) An applicant is who commits a deceit or an extremely unjust conduct concerning welfare service for persons with disabilities within 5 years before the application for designation.

(x) An applicant is a juridical person wherein there is a board member, etc. who falls under any of items from item 4 to the preceding paragraph.

(xi) An applicant is not a juridical person whose manager falls under any of items from item 4 to item 9.

(4) A prefectural governor may refrain from the designation of paragraph 1 of Article 29 in the event that an application of paragraph 1 for specified welfare service for persons with disabilities is filed, if he/she acknowledges that an amount of designated welfare service for persons with disabilities pertaining to such application in an area containing such prefecture or location of the place of business for service pertaining to such application (the area shall be defined by the prefecture pursuant to the item 1 of paragraph 2 of Article 89) has already reached to the amount necessary for such designated welfare service for persons with disabilities in such prefecture or such area which is prescribed in a prefectural plan for welfare of persons with disabilities prescribed by such prefecture pursuant to paragraph 1 of this Article 89, or such amount will be surpassed by designation of a business operator pertaining to such application, or such application could be possible to be an obstacle for achievement of other plans for welfare of persons with disabilities of such prefecture.

Article 37 （Alternation of Designated Welfare Service operator for Persons with Disabilities)

(1) In the event that a designated welfare service business operator (limited to what is pertaining to specified welfare service) intends to increase the amount of welfare service pertaining to the designation of paragraph 1 of Article 29, it may apply in advance for alternation of the designation of this paragraph pertaining to such designated welfare service business operator pursuant to the provision of Ordinance of the Ministry of Health, Labour and Welfare.

(2) The provisions paragraph 3 and paragraph 4 of the preceding Article apply mutatis mutandis to the case that an application for alternation of designation provided in the preceding paragraph. In such case, the other necessary replacement of technical terms shall be prescribed in the Cabinet Order.

Article 38 (Designation of Designated Support Facilities for Persons with Disabilities)

(1) Designation of a designated support facility for persons with disabilities of paragraph 1 of Article 29 shall be conducted by an application from an establisher of a support facility for persons with disabilities as determining kind of welfare service for persons with disabilities and limit capacity of such support facility pursuant to the provision of Ordinance of the Ministry of Health, Labour and Welfare.

(2) A prefectural governor may refrain from the designation of paragraph 1 of Article 29 in the event that the application of the preceding paragraph is filed, if he/she acknowledges that the total of limit capacity of the designated support facility pertaining to such application in such prefecture has already reached to the total capacity necessary for such designated support facility which is prescribed in a prefectural plan for welfare of persons with disabilities prescribed by such prefecture pursuant to paragraph 1 of this Article 89; such capacity will be surpassed by the designation of the facility pertaining to such application; or such application could be possible to be an obstacle for achievement of other plans for welfare of persons with disabilities of such prefecture.

(3) The provision of paragraph 3 of Article 36 (except item 4, item 8 and item 11) applies mutatis mutandis to the designation of designated support facilities of paragraph 1 of Article 29. In such case, the other necessary replacement of technical terms shall be prescribed in the Cabinet Order.

Article 39 (Alternation of Designation of Designated Support Facilities for Persons with Disability)

(1) In the event an establisher of a designated support facility intends to alternate the kinds of in-facility welfare service for persons with disabilities pertaining to the designation of paragraph 1 of Article 29, or to increase the limit capacity pertaining to such designation, it may apply in advance for alternation of designation of the same paragraph pertaining to such support facility for persons with disabilities pursuant to the provision of Ordinance of the Ministry of Health, Labour and Welfare.

(2) The provisions paragraph 2 and paragraph 3 of the preceding Article apply mutatis mutandis to the case that an application for alternation of designation provided in the preceding paragraph. In such case, the other necessary replacement of technical terms shall be prescribed in the Cabinet Order.

Article 40 (Designation of Consultation Support Business Operators)

The provisions Article 36 (except items 4, item 8 and item 11 of paragraph 3) apply mutatis mutandis to the designation of consultation support business operators of paragraph 1 of Article 32. In such case, the other necessary replacement of technical terms shall be prescribed in the Cabinet Order.

Article 41 (Renewal of Designation)

(1) The designation of designated welfare service business operators and designated support facilities set forth in paragraph 1 of Article 29 and designated consultation service business operators set forth in paragraph 1 of Article 32 will lose their effects by elapse of the period if they are not renewed every 6 years.

(2) In the event that an application of renewal of the preceding paragraph is filed, if a disposition is not made to the application by the expiration day of the period prescribed in the same paragraph (hereinafter referred to as "valid period for designation" in this Article), prior and existing designation shall hold its validity after expiration of valid period for designation until the disposition is made.

(3) In the case referred to in the preceding paragraph, if a renewal of designation is conducted, the valid period of the designation is reckoned from the next day of the valid period's expiration day of the prior and existing designation.

(4) The provision of Article 36, Article 38 and the preceding Article apply mutatis mutandis to the renewal of designation of paragraph 1. In such case, the other necessary replacement of technical terms shall be prescribed in the Cabinet Order.

Article 42 (Responsibilities of Designated Welfare Service operators for Persons with Disabilities, Establishers of Designated Support Facilities and Designated Consultation Support Providers)

(1) Designated welfare service business operators for persons with disabilities, establishers of designated support facilities, etc. and designated consultation support business operators (hereinafter referred to as "designated service business operators, etc.") shall endeavor to provide welfare service for persons with disabilities or consultation support effectively as building close affiliation with municipalities, public employment security offices or other institutes which conduct vocational rehabilitations, educational institutes, and other institutes concerned, according to will, aptitudes, characteristics of their disabilities and other circumstances of such persons with disabilities so that they can live independent daily or social life according to their respective abilities and aptitudes.

(2) Designated service business operators shall endeavor to improve quality of welfare service or consultation support by conducting evaluations on the welfare service or the consultation service which they provide and taking other measures.

(3) Designated service business operators, etc. shall comply with this Act and the orders based on this Act as well as respect individualities of persons with disabilities to fulfill their duties loyally for persons with disabilities, or others.