Long-Term Care Insurance Act

When a member of a Certification Committee, a Prefectural Certification Committee of Needed Long-Term Care, an examination committee for Long-Term Care Benefit expenses, etc., or a Certification Committee for Insurance, an expert investigator of a Certification Committee for Insurance, or an officer or employee of an Association or of a juridical person entrusted by an Association, pursuant to the provisions of Article 41, paragraph (11) (including a case applied mutatis mutandis pursuant to Article 42-2, paragraph (9), Article 46, paragraph (7), Article 48, paragraph (7), Article 51-3, paragraph (8), Article 53, paragraph (7), Article 54-2, paragraph (9), Article 58, paragraph (7), and Article 61-3, paragraph (8)), Article 115-45-3, paragraph (7), or Article 115-47, paragraph (8), with affairs concerning examination and payment prescribed in Article 41, paragraph (9), Article 42-2, paragraph (8), Article 46, paragraph (6), Article 48, paragraph (6), Article 51-3, paragraph (7), Article 53, paragraph (6), Article 54-2, paragraph (8), Article 58, paragraph (6), Article 61-3, paragraph (7), Article 115-45-3, paragraph (5), or Article 115-47, paragraph (7), or a person who was any of these, divulges, without justifiable cause, any business confidential information or personal confidential information of a Designated In-Home Service Provider, Designated Community-Based Service Provider, Designated In-Home Long-Term Care Support Provider, establisher of a Facility Covered by Long-Term Care Insurance, Designated Provider of Preventive Long-Term Care Service, Designated Provider of Community-Based Service for Preventive Long-Term Care, Designated Preventive Long-Term Care Support Provider, or a person that provided In-Home Service, etc. or a person conducting a category 1 project, that the person has come to learn in the course of duties, the person is punished by imprisonment for one year or less or a fine of 1,000,000 yen or less.

Any person that violates the provisions of Article 24-2, paragraph (3), Article 24-3, paragraph (2), Article 28, paragraph (7) (including a case applied mutatis mutandis pursuant to Article 29, paragraph (2), Article 30, paragraph (2), Article 31, paragraph (2), Article 33, paragraph (4), Article 33-2, paragraph (2), Article 33-3, paragraph (2) and Article 34, paragraph (2)), Article 69-17, paragraph (1), Article 69-28, paragraph (1), Article 69-37, Article 115-38, paragraph (1) (including a case applied mutatis mutandis pursuant to Article 115-42, paragraph (3)), Article 115-46, paragraph (8) (including a case applied mutatis mutandis pursuant to Article 115-47, paragraph (3)) or Article 115-48, paragraph (5), is punished by imprisonment for one year or less or a fine of 1,000,000 yen or less.

When a person violates an order pursuant to the provisions of Article 69-24, paragraph (2), the person that committed the violation is punished by imprisonment for one year or less or a fine of 1,000,000 yen or less.

In the case where any of the following items applies, the person who committed the violation is subject to imprisonment for not more than one year or a fine of not more than 500,000 yen, or both:

where a person, in violation of the provisions of Article 118-7, makes known to another person without good reason, or uses for an unjust purpose, the content of anonymized long-term care insurance-related information that the person came to know in connection with the use of anonymized long-term care insurance-related information; or

where a person violates an order pursuant to the provisions of Article 118-9.

When a person violates an order pursuant to the provisions of Article 201-2, paragraph (6), the person who committed the violation is punished by imprisonment for one year or less or a fine of 500,000 yen or less.

In a case that corresponds to any item of the following, a person that committed said violation is punished by imprisonment for six months or less or a fine of 500,000 yen or less:

when a person advertises matters other than those listed in each item of Article 98, paragraph (1), advertised falsely with regard to the matter listed in each item of the same paragraph, or the method of advertisement of matters listed in item (iii) of the same paragraph violates the provisions pursuant to paragraph (2) of the same Article;

when a person violates an order based on the provisions of Article 101 or Article 102, paragraph (1);

when a person advertises matters other than those listed in the items of Article 112, paragraph (1), makes a false advertisement with regard to the matters listed in the items of the same paragraph, or the method of advertisement of the matters listed in item (iii) of the same paragraph violates what is determined pursuant to the provisions of paragraph (2) of the same Article;

when a person violates an order based on the provisions of Article 114-3 or Article 114-4, paragraph (1).

In a case defined by any item of the following, a person that committed said violation is fined an amount not to exceed 500,000 yen:

when a person fails to prepare a record book, fails to enter an entry in said book, enters a false entry in said book, or fails to maintain said book in violation of the provisions of Article 69-20 or Article 115-39 (including a case applied mutatis mutandis pursuant to Article 115-42, paragraph (3));

when a person fails to report pursuant to the provisions of Article 69-22, paragraph (1) or paragraph (2), Article 69-30, paragraph (1) (including a case applied mutatis mutandis pursuant to Article 69-33, paragraph (2)) or Article 115-40, paragraph (1) (including a case applied mutatis mutandis pursuant to Article 115-42, paragraph (3)) or submits a false report, or fails to reply to questions pursuant to these provisions or replies falsely, or refuses, interrupts, or evades an inspection pursuant to these provisions;

when a person abolishes all Examination Question Preparation Affairs without obtaining the approval pursuant to the provisions of Article 69-23, paragraph (1), abolishes all Investigation Affairs without obtaining the approval pursuant to the provisions of Article 115-41, or abolishes all Public Information Affairs without obtaining the approval pursuant to the provisions of Article 115-41 as applied mutatis mutandis pursuant to Article 115-42, paragraph (3);

when a person fails to report or submit or present record books and documents pursuant to the provisions of Article 118-8, paragraph (1), submits a false report or submits or presents false record books and documents, fails to reply to questions pursuant to the provisions of the same paragraph or submits a false reply, or refuses, interrupts, or evades an inspection pursuant to the provisions of the same paragraph.

When corresponding to any one item of the following, an Officer, liquidator, or personnel of a health insurance society, national health insurance society, mutual aid association, or the Promotion and Mutual Aid Corporation for Private Schools of Japan is fined an amount not to exceed 300,000 yen:

when a person fails to report or submit a document or other item pursuant to the provisions of Article 163, or reports falsely or submits a document with a false entry;

when a person fails to report pursuant to the provisions of Article 197, paragraph (4), or submits a false report, or refuses, interrupts, or evades an inspection pursuant to the provisions of the same paragraph.

In a case when a person fails to report pursuant to the provisions of Article 172, paragraph (1) or submits a false report, or refuses, interrupts, or evades an inspection pursuant to the provisions of the same paragraph, the officer or employee of the Organization or a trustee that committed said violation is punished by a fine of 300,000 yen or less.

When a person that has received a Long-Term Care Benefit, etc. fails to report pursuant to the provisions of Article 24, paragraph (2) or submits a false report, or fails to reply or submits a false reply to questions of the personnel pursuant to the provisions of the same paragraph or to questions pursuant to the provisions of Article 24, paragraph (2) of an employee of a Designated and Entrusted Juridical Person for Prefectural Affairs entrusted pursuant to the provisions of Article 24-3, paragraph (1), said person is punished by a fine of 300,000 yen or less.