The main text is read a page at a time: a chapter to a page, and a long chapter in runs of articles. The whole main text, and the supplementary provisions and appended tables this amendment changes. Those it leaves untouched are on the page for the text in force.
Article 95第九十五条
Recession of Designation of Designated Home-Nursing Provider(指定訪問看護事業者の指定の取消し)
Article 95, paragraph (1)
The Minister of Health, Labour and Welfare may rescind the designation referred to in Article 88, paragraph (1) pertaining to a designated home-nursing provider that falls under any of the following items:
the designated home-nursing provider has become unable to meet the standards and number of employees specified by Order of the Ministry of Health, Labour, and Welfare referred to in Article 92, paragraph (1) with regard to nurses and other employees at a home-nursing provider office to which the designation pertains;
the designated home-nursing provider is no longer able to appropriately operate designated home-nursing services in accordance with standards for operations of designated home-nursing services prescribed in Article 92, paragraph (2) (including when applied mutatis mutandis to Article 111, paragraph (3) and Article 149);
there was a wrongful claim for payment pursuant to the provisions of Article 88, paragraph (6) (including when applied mutatis mutandis to Article 111, paragraph (3) and Article 149);
the designated home-nursing provider has been ordered to make a report, or submit or present record books or documents pursuant to the provisions of paragraph (1) of the preceding Article (including when applied mutatis mutandis to Article 111, paragraph (3) and Article 149; the same applies hereinafter in this Article), but fails to comply with the order or submits a false report;
the designated home-nursing provider, or a nurse or employee at the home-nursing service office to which the designation pertains has been requested to appear pursuant to the provisions of paragraph (1) of the preceding Article but failed to respond or reply to questions pursuant to the provisions of the same paragraph, answered untruthfully, or refused, obstructed, or evaded an inspection pursuant to the provisions of the same paragraph (except when a nurse or employee at the home-nursing service office to which the designation pertains performed that conduct but the designated home-nursing provider had made efforts to provide reasonable care and supervision so as to prevent the conduct);
there are grounds that correspond to any of item (ii) through the preceding item with respect to designated home-nursing for insured persons and their dependents pursuant to medical insurance laws other than this act or for insured persons pursuant to the Act on Assurance of Medical Care for Elderly People;
the designated home-nursing provider received its designation by wrongful means;
指定訪問看護事業者が、不正の手段により指定訪問看護事業者の指定を受けたとき。
Article 95, paragraph (1), item (viii)
the designated home-nursing provider has been sentenced to a fine pursuant to the provisions of this Act or other medical insurance laws which are specified by Cabinet Order and the payment of the fine has not yet been completed or the fine still applies;
the designated home-nursing provider has come to fall under the category of a person who has been sentenced to imprisonment or a severer punishment, and the execution of the sentence has not been completed or the execution of the sentence still applies; or
beyond what is provided for in the preceding items, the designated home nursing service provider violates this Act, other medical insurance laws which are specified by Cabinet Order, or an order or disposition based thereon.
The Minister of Health, Labour and Welfare must make public notice of the cases listed below in those cases:
厚生労働大臣は、次に掲げる場合には、その旨を公示しなければならない。
Article 96, paragraph (1), item (i)
a home-nursing provider is designated;
指定訪問看護事業者の指定をしたとき。
Article 96, paragraph (1), item (ii)
there is a notification pursuant to the provisions of Article 93 (except for a change of matters specified by Order of the Ministry of Health, Labour, and Welfare referred to in the same Article and matters pertaining to suspension or recommencement of business provided by the same Article); or
the designation of a designated home-nursing provider is rescinded pursuant to the provisions of the preceding Article.
前条の規定により指定訪問看護事業者の指定を取り消したとき。
Subsection 3 Payment of Transport Expenses第三款 移送費の支給
Article 97第九十七条
Article 97, paragraph (1)
When an insured person has been transported to a hospital or clinic in order to receive medical treatment (including medical treatment covered by medical expenses combined with treatment outside insurance coverage), the insurer pays, as transport expenses, an amount calculated pursuant to Order of the Ministry of Health, Labour and Welfare to the insured person.
The transport expenses referred to in the preceding paragraph are to be paid only if the insurer finds it necessary pursuant to Order of Ministry of Health, Labour and Welfare.
Insured Persons Who Have Become a Day Worker and Their Dependents(被保険者が日雇労働者又はその被扶養者となった場合)
Article 98, paragraph (1)
If an insured person has lost eligibility and become a specially-insured day laborer or a dependent thereof, and, at the time of loss of the eligibility, the person is receiving, from among benefits for medical treatment, medical treatment covered by expenses for dietary treatment for inpatients, medical treatment covered by expenses for living support for inpatients, medical treatment covered by expenses for medical treatment combined with treatment outside insurance coverage, medical treatment covered by medical expenses, medical treatment covered by medical expenses for home-nursing, a designated in-home service covered by expenses for in-home long-term care service pursuant to the provisions of the Long-Term Care Insurance Act (meaning designated in-home service prescribed in Article 41, paragraph (1) of the same Act; the same applies in Article 129, paragraph (2), item (ii)), an in-home service covered by an exceptional allowance for in-home long-term care service (meaning in-home service prescribed in Article 8, paragraph (1) of the same Act; the same applies in Article 129, paragraph (2), item (ii) and Article 135, paragraph (1)), a service equivalent thereto, a designated community-based service covered by expenses for community-based long-term care service (meaning designated community-based service prescribed in Article 42-2, paragraph (1) of the same Act; the same applies in Article 129, paragraph (2), item (ii)), a community-based service covered by an exceptional allowance for community-based long-term care service (meaning community-based service prescribed in Article 8, paragraph (14) of the same Act; the same applies in Article 129, paragraph (2), item (ii) and Article 135, paragraph (1)), a service equivalent thereto, a designated facility service, etc. covered by expenses for long-term care facility service (meaning designated facility service, etc. prescribed in Article 48, paragraph (1) of the same Act; the same applies in Article 129, paragraph (2), item (ii)), a facility service covered by an exceptional allowance for long-term care facility service (meaning facility service prescribed in Article 8, paragraph (25) of the same Act; the same applies in Article 129, paragraph (2), item (ii) and Article 135, paragraph (1)), a designated service to prevent long-term care covered by expenses for service to prevent long-term care (meaning designated service to prevent long-term care prescribed in Article 53, paragraph (1) of the same Act; the same applies in Article 129, paragraph (2), item (ii)), a service to prevent long-term care covered by exceptional allowance for service to prevent long-term care (meaning service to prevent long-term care prescribed in Article 8-2, paragraph (1) of the same Act; the same applies in Article 129, paragraph (2), item (ii) and Article 135, paragraph (1)), or a service equivalent thereto, those equivalent to medical treatment, then the person may receive from the relevant insurer benefits for medical treatment, expenses for dietary treatment for inpatients, expenses for living support for inpatients, medical expenses combined with treatment outside insurance coverage, medical expenses, medical expenses for home-nursing, or transport expenses with respect to the relevant illness or injury, and any illness arising therefrom.
Benefits for medical treatment, or expenses for dietary treatment for inpatients, expenses for living support for inpatients, medical expenses combined with treatment outside insurance coverage, medical expenses, medical expenses for home-nursing, or transportation expenses pursuant to the provisions of the preceding paragraph are not paid when any of the events listed in the following items has occurred:
the relevant person has become eligible for payment of benefits for medical treatment, expenses for dietary treatment for inpatients, expenses for living support for inpatients, medical expenses combined with treatment outside insurance coverage, medical expenses, medical expenses for home-nursing, transport expenses, dependent's medical expenses, dependent's medical expenses for home-nursing, or dependent's transport expenses pursuant to the provisions of the next chapter with respect to the relevant illness or injury;
the person has become an insured person, insured person covered by Seamen's Insurance, a dependent thereof, an insured person covered by National Health Insurance, or a person with late-stage elderly medical care insurance; or
six months have elapsed since the day on which the relevant person lost eligibility as an insured person.
被保険者の資格を喪失した日から起算して六月を経過したとき。
Article 98, paragraph (3)
Benefits for medical treatment, or expenses for dietary treatment for inpatients, expenses for living support for inpatients, medical expenses combined with treatment outside insurance coverage, medical expenses, medical expenses for home-nursing, or transport expenses pursuant to the provisions of paragraph (1) are not paid during the period in which the relevant person is eligible for payment of special medical expenses (including medical expenses paid pursuant to the provisions of Article 132 as applied mutatis mutandis to Article 145, paragraph (6)), transport expenses, or dependent's transport expenses pursuant to the provisions of the next chapter with respect to the relevant illness or injury.
Benefits for medical treatment, or expenses for dietary treatment for inpatients, expenses for living support for inpatients, medical expenses combined with treatment outside insurance coverage, medical expenses, or medical expenses for home-nursing pursuant to the provisions of paragraph (1) are not paid if the relevant person is eligible for any benefit corresponding to one of the above benefits pursuant to the provisions of the Long-Term Care Insurance Act with respect to the relevant illness or injury.
When an insured person, pursuant to Order of the Ministry of Health, Labour and Welfare, receives confirmation that the person is an insured person by electronic eligibility confirmation, etc., and receives delivery care, from a delivery-handling medical institution providing services covered by health insurance, etc. or a birthing center listed in the following items (hereinafter referred to as "designated birthing centers, etc.") that the insured person selects, delivery expenses are paid for the expenses required for the delivery care.
The amount of delivery expenses is the amount of expenses calculated for the relevant delivery care as specified by the Minister of Health, Labour and Welfare in consideration of the standard amount of expenses required for delivery care.
When an insured person receives delivery care from a hospital or clinic listed in Article 63, paragraph (3), item (i) or (ii) (limited to one that handles deliveries) or a birthing center listed in paragraph (1), item (i) or (ii), the insurer may, on behalf of the insured person, pay to the hospital or clinic or the birthing center the expenses required for the delivery care payable by the insured person to the hospital or clinic or the birthing center within the limit of the amount payable to the insured person as delivery expenses.
When an insured person receives delivery care from a hospital or clinic listed in Article 63, paragraph (3), item (iii) (limited to one that handles deliveries) or a birthing center listed in paragraph (1), item (iii), if the insurer exempts the insured person from payment of an amount equivalent to the amount to be paid to the insured person as delivery expenses among the expenses required for the delivery care to be paid by the insured person, it is deemed that delivery expenses are paid.
Upon acceptance of the payment of expenses required for delivery care, a delivery-handling medical institution providing services covered by health insurance, etc. or designated birthing center, etc. must issue a receipt therefor to the insured person who made the payment, pursuant to Order of the Ministry of Health, Labour and Welfare.
When an insurer receives a claim from a delivery-handling medical institution providing services covered by health insurance or a designated birthing center for the expenses required for delivery care (limited to the amount payable to the insured person as delivery expenses; the same applies in paragraph (9)), the insurer is to make payment after examination in light of the provisions of paragraph (2), the Order of the Ministry of Health, Labour and Welfare referred to in Article 70, paragraph (1) and Article 72, paragraph (1) as applied mutatis mutandis pursuant to Article 98-5, and the Order of the Ministry of Health, Labour and Welfare referred to in Article 98-10, paragraph (1) and Article 98-13, paragraph (1).
An insurer may delegate the affairs concerning examination and payment pursuant to the provisions of the preceding paragraph to the Infrastructure Organization or an NHI federation.
Beyond what is provided for in the preceding paragraphs, necessary matters concerning claims for expenses incurred in providing delivery care at a delivery-handling medical institution providing services covered by health insurance or designated birthing center are specified by Order of the Ministry of Health, Labour and Welfare.
When an insurer finds it difficult to pay delivery expenses pursuant to the provisions of paragraph (1) in cases where an insured person receives delivery care, or finds it unavoidable in cases where an insured person has received delivery care from a person other than a delivery-handling medical institution providing services covered by health insurance, etc. or designated birthing center, etc., the insurer may pay, pursuant to Order of the Ministry of Health, Labour and Welfare, an amount equivalent to the cost required for that delivery care, determined by the insurer based on the amount of expenses calculated in accordance with the example of the determination under paragraph (2); however, that amount must not exceed the amount of expenses actually required for that delivery care.
Article 98-3, paragraph (1)(分娩費の額の定めに関する厚生労働大臣の調査)Survey by the Minister of Health, Labour and Welfare Regarding Determination of the Amount of Delivery ExpensesAdded
The Minister of Health, Labour and Welfare is to conduct necessary surveys in order to ensure the appropriateness of the determination under paragraph (2) of the preceding Article.
厚生労働大臣は、前条第二項の定めを適正なものとするため、必要な調査を行うものとする。
Article 98-3, paragraph (2)(分娩費の額の定めに関する厚生労働大臣の調査)Survey by the Minister of Health, Labour and Welfare Regarding Determination of the Amount of Delivery ExpensesAdded
A delivery-handling medical institution providing services covered by health insurance or designated birthing center must report to the Minister of Health, Labour and Welfare, in order to contribute to the survey referred to in the preceding paragraph, the details of the delivery care provided at that delivery-handling medical institution providing services covered by health insurance or designated birthing center and other information specified by the Minister.