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 43 (Standard for Business of Designated Welfare Service)

(1) A designated welfare service business operator shall hold the employees who are engaged in such designated welfare service per place of business for service pertaining to such designation pursuant to the standard prescribed in Ordinance of the Ministry of Health, Labour and Welfare.

(2) Designated welfare service business operators shall provide designated welfare service pursuant to the standard concerning equipment and operation of designated welfare service prescribed in Ordinance of the Ministry of Health, Labour and Welfare.

Article 44 (Standard for Designated Support Facilities for Persons with Disabilities)

(1) An establisher of designated support facilities, etc. shall hold the employees who are engaged in in-facility welfare service for persons with disabilities pursuant to the standard prescribed in Ordinance of the Ministry of Health, Labour and Welfare.

(2) Establishers of designated support facilities, etc. shall provide in-facility welfare service for persons with disabilities pursuant to the standard concerning equipment and operation of business of designated support facilities, etc. prescribed in Ordinance of the Ministry of Health, Labour and Welfare.

Article 45 (Standard for Business of Designated Consultation Support)

(1) A designated consultation support business operators shall hold the employees who are engaged in such designated consultation support per a place of business for consultation support service pertaining to such designation (hereinafter referred to as "place of business for consultation support" in this subsection) pursuant tothe standard prescribed in Ordinance of the Ministry of Health, Labour and Welfare.

(2) Designated consultation support business operators shall provide consultation support pursuant to the standard concerning equipment and operation of businessof designated welfare service prescribed in Ordinance of the Ministry of Health,Labour and Welfare.

Article 46 (Alternation Notification, etc.)

(1) In the event that a designated welfare service business operator or designated consultation support business operator has amended its name of places of businessor consultation support offices pertaining to the designation, its location or the other matters prescribed in Ordinance of the Ministry of Health, Labour and Welfare; or in the event it abolishes, suspends or resumes the designated welfareservice for persons with disabilities or the designated consultation support, they shall notify that effect to the prefectural governor within 10 days pursuant to the provision of Ordinance of the Ministry of Health, Labour and Welfare.

(2) If an establisher of designated support facilities has amended the address thereof or the other matters prescribed in Ordinance of the Ministry of Health, Labour and Welfare, the establisher shall notify that effect to the prefectural governor within 10 days pursuant to the provision of Ordinance of the Ministry of Health, Labour and Welfare.

Article 47 (Declination of Designation)

Designated support facilities may decline the designation by taking notice periods of not less than 3 months.

Article 48 (Report, etc.)

(1) In the event that a prefectural governor or a mayor of municipalities acknowledge it necessary, he/she may order designated welfare service business operators, ex-designated welfare service business operators or ex-employees of places of business pertaining to such designation (referred to as "ex-designated welfare service business operators, etc." in this paragraph) to report or submit or present documents, books or other materials; may cause designated welfare service business operators, employees of the places of business pertaining to such designation or ex-designated welfare service business operators to appear; or may cause such staff persons to ask questions of those who concerned or to enter places of business of such designated welfare service business operators pertaining to such designation so as to inspect the facilities or books, documents, and other materials.

(2) The provision of paragraph 2 of Article 9 applies mutatis mutandis to the question or inspection pursuant to the provision of the preceding paragraph; the provision of paragraph 3 of the same Article applies mutatis mutandis to the authorities pursuant to the provision of the preceding paragraph.

(3) The provisions of the preceding two paragraphs apply mutatis mutandis to designated support facilities, etc. In such case, the other necessary replacement of technical terms shall be prescribed in the Cabinet Order.

(4) The provisions of paragraph 1 and paragraph 2 apply mutatis mutandis to designated consultation support business operators. In such case, the other

necessary replacement of technical terms shall be prescribed in the Cabinet Order.

Article 49

(1) In the event that a prefectural governor acknowledges that a designated welfare service business operator for persons with disabilities does not satisfy the standard prescribed in Ordinance of the Ministry of Health, Labour and Welfare set forth in paragraph 1 of Article 43 on employees' knowledge and skills and the number of employees, or does not operate business appropriately on designated welfare service pursuant to the standard concerning equipment and operation of designated welfare service business operators prescribed in Ordinance of the Ministry of Health, Labour and Welfare set forth paragraph 2 of the same Article, he/she may admonish such designated welfare service business operator with setting a time limit to comply with the standard prescribed in Ordinance of the Ministry of Health, Labour and Welfare set forth in paragraph 1 of the same Article or to comply with the standard concerning equipment and operation of designated welfare service business operators for persons with disabilities prescribed in Ordinance of the Ministry of Health, Labour and Welfare of paragraph 2 set forth in the same Article.

(2) In the event that a prefectural governor acknowledges that an establisher of designated support facilities does not satisfy the standard prescribed in Ordinance of the Ministry of Health, Labour and Welfare of paragraph 1 set forth in Article 44 on knowledge and skills and the number of the employees of the facilities pertaining to such designation and Nozominosono, or does not operate business appropriately on in-facility welfare service for persons with disabilities pursuant to the standard concerning equipment and operation of designated support facilities for persons with disabilities, or others prescribed in Ordinance of the Ministry of Health, Labour and Welfare set forth in paragraph 2 of the same Article, he/she may admonish such establisher of support facilities, etc. with setting a time limit to comply with the standard prescribed in Ordinance of the Ministry of Health, Labour and Welfare of paragraph 1 set forth in the same Article or to comply with the standard concerning equipment and operation of designated support facilities for persons with disabilities, or others prescribed in Ordinance of the Ministry of Health, Labour and Welfare of paragraph 2 set forth in the same Article.

(3) In the event that a prefectural governor acknowledges that a designated consultation support business operator does not satisfy the standard prescribed in Ordinance of the Ministry of Health, Labour and Welfare set forth in paragraph 1 of Article 45 on knowledge and skills and the number of the employees of the consultation support places of business pertaining to such designation, or does not operate business appropriately on designated consultation support service pursuant to the standard concerning equipment and operation of designated consultation support business prescribed in Ordinance of the Ministry of Health, Labour and Welfare set forth in paragraph 2 of the same Article, he/she may admonish such designated consultation support business operator with setting a time limit to comply with the standard prescribed in Ordinance of the Ministry of Health, Labour and Welfare of paragraph 1 set forth in the same Article or to comply with the standard concerning equipment and operation of designated consultation support prescribed in Ordinance of the Ministry of Health, Labour and Welfare set forth in paragraph 2 of the same Article.

(4) In the event that a prefectural governor has admonished pursuant to the provisions of the three preceding paragraphs, if the designated service business operator, etc. does not obey the admonishment within the period prescribed in the three preceding paragraphs, the governor may make that effect public.

(5) In the event that the designated service business operator, etc. admonished pursuant to the provisions of paragraph 1 to paragraph 3 does not take any means pertaining to the admonishment without just causes, the prefectural governor may order such designated service business operator, etc. with setting a time limit to take actions pertaining to such admonishment.

(6) In the event that a prefectural governor places an order pursuant to the provisions set forth in the preceding paragraph, he/she shall make that effect public.

(7) In the event that a municipality acknowledges that a designated welfare service business operator who conducts designated welfare service pertaining to nursing care payment, payment for training etc., service utilization program expenses or special payment for specified persons with disabilities does not operate appropriate designated welfare service, in-facility welfare service or designated consultation support 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 set forth in paragraph 2 of Article 43, the standard concerning equipment and operation of designated support facilities for persons with disabilities prescribed in Ordinance of the Ministry of Health, Labour and Welfare set forth in paragraph 2 of Article 44, and the standard concerning equipment and operation of designated consultation support prescribed in Ordinance of the Ministry of Health, Labour and Welfare set forth in paragraph 2 of Article 45, it shall notify the effect to the prefectural governor of the location of the service business operator's office or consultation support office or facility pertaining to such designation.

Article 50 (Rescission of Designation, etc.)

(1) A prefectural governor may rescind the designation paragraph 1 of Article 29 pertaining to such designated welfare service business operators for persons with disabilities, or suspend whole or part of validity of the designation with setting a period of time in the case of each of the following cases: A designated welfare service

(i) business operator for persons with disabilities has fallen into categories set forth in item 4, item 5, item 10, or item 11 of paragraph 3 of Article 36.

(ii) A designated welfare service business operator for persons with disabilities is acknowledged to violate the provision of paragraph 3 of Article 42.

(iii) A designated welfare service business operator for persons with disabilities has become incapable of satisfying the standard prescribed in Ordinance of the Ministry of Health, Labour and Welfare set forth in paragraph 1 of Article 43 on knowledge or skills or the number of employees of the place of business for service pertaining to such designation.

(iv) A designated welfare service business operator for persons with disabilities has become incapable of operate the business designated welfare service appropriately pursuant to the standard concerning equipment and operation of designated welfare service prescribed in Ordinance of the Ministry of Health, Labour and Welfare set forth in paragraph 2 of Article 43.

(v) There was a deceit concerning a demand of nursing care payment, or payment for training, etc. or medical care treatment expenses.

(vi) In the event that a designated welfare service business operator for persons with disabilities is ordered to report pursuant to the provision set forth in paragraph 1 of Article 48, or to submit or to present documents, books or other materials, it does not comply with the order or provide false reports.

(vii) Employees of a designated welfare service for persons with disabilities of places of business for service pertaining to such designation are required to be appear pursuant to the provision set forth in paragraph 1 of Article 48 but do not comply with the requirement, do not answer to the questions pursuant to the provision of same paragraph, or the persons provide false reports, or refuse, hinder, or avoid the inspection pursuant to the provision of the same paragraph; provided, however, in the event that the employees at the places of business for service conducts the actions, such designated welfare service business operators for persons with disabilities endeavor to conduct appropriate admonishment and supervision so as to prevent the actions.

(viii) A designated welfare service business operator for persons with disabilities received designation set forth in paragraph 1 of Article 29 by fraudulent means.

(ix) In addition to the cases listed in each of the preceding items, designated welfare service business operators for persons with disabilities violate this Act or other Acts concerning national healthcare or welfare prescribed in the Cabinet Order, or orders or actions based on these Acts.

(x)In addition to the cases listed in each of the preceding items, designated welfare service business operators for persons with disabilities conduct deceits or extremely unjust acts concerning welfare service for persons with disabilities.

(xi) In the event that if a designated welfare service business operator for persons with disabilities is a juridical person, its board members conducted deceits or extremely unjust actions concerning welfare service for persons with disabilities within 5 years before a rescission or suspension of validity of whole or part of designation is to be conducted.

(xii) In the event that a designated welfare service business operator for persons with disabilities is not a juridical person, its managers conducted deceits or extremely unjust actions concerning welfare service for persons with disabilities within 5 years before a rescission or suspension of validity of all or a part of designation is to be conducted.

(2) If a municipality acknowledges a designated welfare service business operator for persons with disabilities to fall under any of each item of the preceding paragraph, it shall notify the effect to the prefectural governor where the places of business for service pertaining to such designation locate.

(3) The provisions of the preceding two paragraphs (except item 12 of paragraph 1) apply mutatis mutandis to designated support facilities for persons with disabilities. In such case, the other necessary replacement of technical terms shall be prescribed in the Cabinet Order.

(4) The provisions of paragraph 1 (except item 12) and paragraph 2 apply mutatis mutandis to designated consultation support business operators. In such case, the other necessary replacement of technical terms shall be prescribed in the Cabinet Order.

Article 51（Public Notice）

A prefectural governor shall make a public notice in the following cases:

(i) In the event that designation is conducted for a designated welfare service business operator for person with disabilities or a designated support facility for persons with disabilities in paragraph 1 set forth Article 29, or a designated consultation support business operator set forth in paragraph 1 of Article 32.

(ii) In the event that an application pursuant to the provision of paragraph 1 of Article 46 (except the applications pertaining to alternation of the matters prescribed in Ordinance of the Ministry of Health, Labour and Welfare set forth in the same paragraph, and suspension and resumption of business prescribed in the same paragraph) is filed.

(iii) In the event that designation for a designated support facility pursuant to the provision of Article 47 is declined.

(iv) In the event that designation is rescinded on a designated welfare service business operator for persons with disabilities, a designated support facility for persons with disabilities, or a designated consultation support business operator, pursuant to the provision of paragraph 1 of the preceding Article (including the case where it is applies mutatis mutandis pursuant to paragraph 3 and paragraph 4 of the same Article).