Act on Assurance of Medical Care for Elderly People

When a person obligated to submit (limited to a person specified by Order of the Ministry of Health, Labour and Welfare as a person expected to have only a small number of written reports, etc. to submit) submits written reports, etc. to the district director pursuant to the provisions listed in the middle column of the table in the preceding paragraph (limited to a submission made by a method set forth in Article 42-2-2, paragraph (1), item (i) of the Act on Special Measures Concerning Taxation that is specified by Order of the Ministry of Health, Labour and Welfare), the district director who received the submission is to provide, without delay, as specified by Order of the Ministry of Health, Labour and Welfare, the matters to be reported pertaining to those written reports, etc. to the Association of Medical Care Systems for the Elderly Aged 75 and older referred to in the preceding paragraph. In this case, the report under the provisions of that paragraph is deemed to have been made on the date of the submission.

In addition to what is provided for in the preceding two paragraphs, particulars necessary for the reporting of the matters to be reported to the Association of Medical Care Systems for the Elderly Aged 75 and older are specified by Order of the Ministry of Health, Labour and Welfare.

An Association of Medical Care Systems for the Elderly Aged 75 and older may entrust to a designated corporation the affairs concerning the receipt of the report under the provisions of paragraph (1) of the preceding Article and the provision under the provisions of paragraph (2) of that Article, and the affairs concerning the collection or organization of information pertaining to the matters to be reported.

An officer or employee of a designated corporation that has been entrusted with affairs by an Association of Medical Care Systems for the Elderly Aged 75 and older pursuant to the provisions of the preceding paragraph, or a person who was such an officer or employee, must not, without justifiable grounds, divulge individual secrets that have come to their knowledge in relation to the implementation of the affairs.

An Association of Medical Care Systems for the Elderly Aged 75 and older, a designated corporation, and the district director are to cooperate with one another while coordinating with each other, so that the affairs performed pursuant to the provisions of Article 138-2 and the affairs performed by entrustment pursuant to the provisions of paragraph (1) of the preceding Article are smoothly implemented.

The Minister of Health, Labour and Welfare or the prefectural governor may, when finding it necessary with regard to the affairs that a designated corporation carries out by entrustment pursuant to the provisions of Article 138-3, paragraph (1), collect reports on those affairs or have the relevant officials inspect the status on site.

The provisions of Article 16-10, paragraph (2) apply mutatis mutandis to the inspection under the provisions of the preceding paragraph, and the provisions of paragraph (3) of the same Article apply mutatis mutandis to the authority under the provisions of the preceding paragraph.

If, in the case where reports have been collected or an inspection has been conducted pursuant to the provisions of paragraph (1), the Minister of Health, Labour and Welfare or the prefectural governor finds that the affairs that a designated corporation carries out by entrustment pursuant to the provisions of Article 138-3, paragraph (1) are in violation of laws and regulations, or finds that the affairs significantly lack proper execution, the Minister or the governor may order the designated corporation or its officers, by specifying a period, to take the measures necessary for correcting the violation or for improvement with regard to the affairs.

When the prefectural governor has issued an order under the provisions of the preceding paragraph, the governor must, without delay, report to that effect to the Minister of Health, Labour and Welfare.

In addition to what is provided for in the preceding three Articles, particulars necessary for the implementation of the affairs that a designated corporation carries out by entrustment pursuant to the provisions of Article 138-3, paragraph (1) are specified by Order of the Ministry of Health, Labour and Welfare.

Affairs that are to be administered by a prefecture pursuant to the provisions of Article 44, paragraph (4) (including as applied mutatis mutandis pursuant to Article 124, Article 124-8 and Article 10 of the Supplementary Provisions), Article 61, paragraphs (1) and (2), Article 66, paragraph (1) (including as applied mutatis mutandis pursuant to Article 74, paragraph (10), Article 75, paragraph (7), Article 76, paragraph (7), and Article 82, paragraph (7)) and paragraph (2) (including as applied mutatis mutandis pursuant to Article 72, paragraph (2), Article 74, paragraph (10), Article 75, paragraph (7), Article 76, paragraph (7), and Article 82, paragraph (7)), Article 70, paragraph (2), and Article 72, paragraphs (1) and (3) (including as applied mutatis mutandis pursuant to Article 74, paragraph (10), Article 75, paragraph (7), Article 76, paragraph (7), and Article 82, paragraph (7)), Article 80, and Article 81, paragraphs (1) and (3) (including as applied mutatis mutandis pursuant to Article 82, paragraph (7)), Article 133, paragraph (2), Article 134, paragraph (2) (including as applied mutatis mutandis pursuant to Article 10 of the Supplementary Provisions), Article 138-5, paragraphs (1), (3), and (4), Article 152, paragraphs (1) and (3) (including as applied mutatis mutandis pursuant to Article 11, paragraph (2) of the Supplementary Provisions), and Article 88 and Article 89, paragraph (1) of the National Health Insurance Act as applied mutatis mutandis pursuant to Article 127 are deemed to be item (i) statutory entrusted function prescribed in Article 2, paragraph (9), item (i) of the Local Autonomy Act.

A person who divulges any secret in violation of the provisions of Article 30, Article 125-2, paragraph (2) or, Article 125-4, paragraph (3) or Article 138-3, paragraph (2) is punished by imprisonment for not more than one year or a fine of not more than 1,000,000 yen.

A person who has violated an order issued under the provisions of Article 161-2, paragraph (6)In the case where any of the following items applies, the person who committed the violation is punished by imprisonment for not more than one year or a fine of not more than 500,000 yen.:

if the person has failed to make the report under the provisions of Article 138-2, paragraph (1) (including a submission to the district director that is deemed to be that report pursuant to the provisions of paragraph (2) of that Article; the same applies hereinafter in this item), or has made a false report;

if the person has violated an order issued under the provisions of Article 161-2, paragraph (6).

When a medical practitioner, dental practitioner, pharmacist, or person who has provided medical care or their employer fails to comply with an order to makedesignated corporation fails to make the report under the provisions of Article 138-5, paragraph (1), or makes a false report, or to present medical records, books and documentsrefuses, interferes with, or any other articlesevades the inspection under the provisions of Article 61,that paragraph (1) without justifiable grounds, or fails to answer a question asked by the relevant officialviolates an order under the provisions of the same paragraph without justifiable grounds, or gives a false answer,(3) of that Article, the officers of the person is designated corporation are punished by a civil fine of not more than 100200,000 yen.

When a medical practitioner, dental practitioner, pharmacist, or person who has provided medical care or their employer fails to comply with an order to make a report or to present medical records, books and documents, or any other articles under the provisions of Article 61, paragraph (1) without justifiable grounds, or fails to answer a question asked by the relevant official under the provisions of the same paragraph without justifiable grounds, or gives a false answer, the person is punished by a civil fine of not more than 100,000 yen.