Long-Term Care Institution Designation in Korea

Who must obtain long-term care institution designation?

Under the Long-Term Care Insurance for Older Persons Act, a person who intends to run a long-term care institution providing in-home or facility benefits must have the facilities and staff and be designated by the head of the si/gun/gu with jurisdiction over the location. Facilities eligible for designation are elderly medical welfare facilities and in-home elderly welfare facilities under the Welfare of Older Persons Act. Running a long-term care institution without designation is subject to criminal penalties.

What are the designation requirements?

(1) Facilities and staff (in-home benefits): the standards of the Enforcement Rule of the Welfare of Older Persons Act apply. Facilities for home-visit care, home-visit bathing and home-visit nursing need a dedicated floor area of 16.5 square metres or more, plus an office and equipment needed for the business such as communication equipment and furniture; home-visit bathing also needs a portable bathtub or a mobile bathing vehicle, and home-visit nursing needs items such as a blood-pressure monitor and thermometer. Day/night care and short-term care facilities need a total floor area of 90 square metres or more (with an additional 6.6 square metres or more per person if the capacity is 6 or more).

(2) Qualifications of the facility head and staff: the head of a home-visit care facility, for example, must be a social worker, a medical professional, or a person with a certain period of work experience who has completed prescribed training.

(3) Matters reviewed: designation considers the operator's history of providing long-term care benefits, administrative sanctions, the operating plan, and the local elderly population and demand for long-term care benefits.

(4) Disqualifications: minors, adults under full or limited guardianship, persons with mental illness (except those a specialist finds suitable), persons addicted to narcotics, bankrupts who have not been reinstated, persons for whom 5 years have not passed since serving a sentence of imprisonment without labour or heavier, persons serving a suspended sentence, and corporations whose representative falls under any of these cannot be designated.

Which documents are needed?

Submit the long-term care institution designation application with the general status, staffing status and facility status, a copy of the business registration certificate or unique number certificate (can be checked through shared administrative information), and the business plan and operating rules. An in-home elderly welfare facility must first file an installation report (with the head of the si/gun/gu) under the Welfare of Older Persons Act, and the documents for that report follow the Act's Enforcement Rule. Additional documents may apply depending on the facility type, so confirm finally with the elderly welfare department of the competent si/gun/gu.

What is the procedure?

(1) Decide the service type → (2) file the in-home elderly welfare facility installation report and secure facilities and staff → (3) optional prior consultation on designation standards with the competent si/gun/gu → (4) submit the designation application and documents → (5) review by the long-term care institution designation review committee → (6) designation decision and issuance of the designation certificate (if refused, reasons are given in writing) → (7) the designation details are notified to the National Health Insurance Service.

How long does it take?

The processing period on the application form is 30 days. Time for securing facilities, filing the installation report and hiring staff is separate, and the composition and operation of the review committee are determined by the local government. The designation is valid for 6 years, and to keep it you must apply for renewal at least 90 days before it expires.

Which authority receives the application?

Apply to the Mayor of the Special Self-Governing City, the Special Self-Governing Province Governor, or the head of the si/gun/gu with jurisdiction over the location. For home-visit nursing operated by a person who is not a medical institution, a nurse must be appointed as the manager in charge.

What are the statutory fees for designation?

The designation application fee should be confirmed with the competent authority (the si/gun/gu office).

Why is designation refused or revoked?

Facility or staffing standards not met, a disqualification, an incomplete operating plan, or past administrative sanctions can be issues. After designation, obtaining it by false or fraudulent means, ceasing to meet the designation standards, or providing services outside the benefits, among others, are grounds for revocation of designation or business suspension of up to 6 months. Running a long-term care institution without designation or obtaining designation by fraudulent means can lead to imprisonment of up to 2 years or a fine of up to KRW 20 million.

What can an administrative agent help with?

YouSun Administrative Agency prepares documents such as the installation report, designation application, business plan and operating rules, reviews requirements and submits them to the authority on your authorization. Care-worker training, benefit claims and evaluation responses, and facility construction are not handled. Work restricted by other laws cannot be handled, and litigation or court representation is outside the scope of an administrative agent and is not offered. Whether designation is granted is decided by the competent authority.