Act on Assurance of Medical Care for Elderly People

The amount of contributions for administrative expenses related to the young-old to be collected from each Insurer pursuant to the provisions of Article 36, paragraph (1) is, pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare, the amount calculated pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare, based on the estimated amount of expenses required for the handling of affairs concerning the services of the Organization set forth in Article 139, paragraph (1), item (i) in the relevant fiscal year, in accordance with the estimated number of participants pertaining to each Insurer.

Cabinet Order provides for special provisions for the calculation of the amount of Young-Old Subsidies and Young-Old Payments pertaining to an Insurer incorporated as a result of a merger or split, an Insurer surviving a merger or split, or an Insurer succeeding to the rights and obligations of a dissolved Insurer.

The Organization must determine the amount of the Young-Old Subsidy to be granted to each Insurer for each fiscal year and notify each relevant Insurer of the amount of the Young-Old Subsidy to be granted to it, the method of grant, and other necessary matters.

If it becomes necessary to change the amount of the Young-Old Subsidy after the amount of the Young-Old Subsidy has been determined pursuant to the provisions of the preceding paragraph, the Organization must change the amount of the Young-Old Subsidy to be granted to each of the relevant Insurers and notify each of the relevant Insurers of the changed amount of the Young-Old Subsidy.

The Organization, in the case where the amount of the Young-Old Subsidy granted to an Insurer is less than the amount of the Young-Old Subsidy after the change pursuant to the provisions of the preceding paragraph, must notify the Insurer of the method of grant and other necessary matters, along with the notice pursuant to the provisions of the same paragraph, with regard to the shortfall; and in the case where the amount of the Young-Old Subsidy exceeds the amount of the Young-Old Subsidy after the change pursuant to the provisions of the same paragraph, the Organization must appropriate the excess amount to the unpaid Young-Old Subsidy, if any, and have the Insurer return the balance, if any, or have the Insurer return the excess amount if there is no unpaid subsidy.

The Organization must determine the amount of young-old payments, etc. to be paid by each Insurer for each fiscal year, and notify each relevant Insurer of the amount of young-old payments, etc. to be paid by it, the method of payment, the due date of payment, and other necessary matters.

If it becomes necessary to change the amount of young-old payments, etc. after the amount of young-old payments, etc. has been determined pursuant to the provisions of the preceding paragraph, the Organization must change the amount of young-old payments, etc. to be paid by each relevant Insurer and notify each relevant Insurer of the changed amount of young-old payments, etc.

If the amount of young-old payments, etc. paid by an Insurer is less than the amount of young-old payments, etc. after the change pursuant to the provisions of the preceding paragraph, the Organization must give notice of the method of payment, due date for payment, and other necessary matters with regard to the shortfall, together with the notice pursuant to the provisions of the same paragraph; and if the amount of young-old payments, etc. exceeds the amount of young-old payments, etc. after the change pursuant to the provisions of the same paragraph, the Organization must appropriate the excess amount to any unpaid young-old payments, etc. or any other money to be collected by the Organization pursuant to the provisions of this Chapter, and return the balance if any, or return the excess amount if there is no unpaid money to be collected.

If an Insurer fails to pay young-old payments, etc. by the due date for payment, the Organization must demand payment, specifying a due date.

The Organization, when it makes a demand pursuant to the provisions of the preceding paragraph, must issue a written demand to the relevant Insurer. In this case, the due date to be designated in the written demand must be a day on which ten days or more have elapsed from the day on which the written demand is issued.

The Organization, when an Insurer that has received a written demand pursuant to the provisions of paragraph (1) fails to pay in full, by the designated due date, the young-old payments, etc. pertaining to the written demand and the delinquent charge pursuant to the provisions of the following Article, is to request the Minister of Health, Labour and Welfare or the prefectural governor to collect them, pursuant to the provisions of Cabinet Order.

When a request for collection under the provisions of the preceding paragraph is received, the Minister of Health, Labour and Welfare or the prefectural governor may make a disposition in accordance with the rules for a national tax disposition to collect arrears.

When a demand for payment of young-old payments, etc. is made pursuant to the provisions of paragraph (1) of the preceding Article, the Organization collects a delinquent charge calculated based on the number of days from the day after the due date for payment until the day before the day of full payment or attachment of property, at a rate of 14.5 percent per annum on the amount of young-old payments, etc. pertaining to the demand; provided, however, that this does not apply when the amount of young-old payments, etc. pertaining to the demand is less than one thousand yen.

In the case referred to in the preceding paragraph, if a part of the amount of the Young-Old Payments, etc. is paid, the amount of the Young-Old Payments, etc. to be used as the basis for calculating the amount of delinquent charge pertaining to the period after the date of the payment is the amount obtained by deducting the amount of the Young-Old Payments, etc. that was paid.

In the calculation of delinquent charges, if the amount of the young-old payments, etc. set forth in the preceding two paragraphs includes a fraction of less than one thousand yen, the fraction is rounded down.

If the amount of delinquency calculated pursuant to the provisions of the preceding three paragraphs includes a fraction of less than one hundred yen, the fraction is rounded down.

A delinquent charge is not collected if any of the following items applies; provided, however, that in the case of item (iii), this is limited to the portion of the amount corresponding to the period during which the execution has been suspended or deferred:

if the young-old payments, etc. are paid in full by the due date designated in the written demand;

if the amount of the delinquency charge is less than 100 yen;

when the execution of disposition to collect arrears for Young-Old Payments, etc. is suspended or stayed;

if it is found that there is a compelling reason for not paying Young-Old Payments, etc.

The Organization, when it is found to be extremely difficult for an Insurer to pay young-old payments, etc. due to unavoidable circumstances, may, pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare, based on an application by the relevant Insurer and with the approval of the Minister of Health, Labour and Welfare, grant a grace period for a part of the payment for a period not exceeding one year from the due date for the payment.

The Organization, when having granted a grace period pursuant to the provisions of the preceding paragraph, must notify the Insurer of that fact, the amount of the young-old payments, etc. pertaining to the grace period, the grace period, and other necessary matters.

If the Organization has granted a grace period pursuant to the provisions of paragraph (1), the Organization may not newly make a demand pursuant to the provisions of Article 44, paragraph (1) or request collection pursuant to the provisions of paragraph (3) of the same Article with respect to the young-old payments, etc. pertaining to the grace period during the grace period.