Long-Term Care Insurance Act

The Minister of Health, Labour and Welfare, in order to contribute to the improvement of health and medical care and the enhancement of the welfare of citizens, may use anonymized long-term care insurance-related information (meaning long-term care insurance-related information processed in accordance with the standards specified by Order of the Ministry of Health, Labour and Welfare so as to make it impossible to identify a specific Insured Person or other person specified by Order of the Ministry of Health, Labour and Welfare to whom the long-term care insurance-related information pertains (referred to as "the person themselves" in the following Article) and to restore the long-term care insurance-related information used in producing it; the same applies hereinafter), or may, as specified by Order of the Ministry of Health, Labour and Welfare, provide it to a person listed in each of the following items who conducts the business specified respectively in those items as business found to have considerable public interest in being conducted upon receipt of anonymized long-term care insurance-related information.

other administrative organs of the State and local governments: surveys concerning the planning and drafting of measures concerning health and medical services and welfare services pertaining to insurance benefits, measures for preventing falling into a Condition of Need for Long-Term Care, etc. or reducing or preventing deterioration of a Condition of Need for Long-Term Care, etc., and measures for supporting independent daily life in the community;

universities and other research institutions: research on the maintenance and enhancement of the health of citizens and the maintenance and improvement of their abilities, and on the Insured Long-Term Care Project;

private businesses and other persons specified by Order of the Ministry of Health, Labour and Welfare: analysis concerning investigation and research in the long-term care field and other business specified by Order of the Ministry of Health, Labour and Welfare (excluding that conducted for use in advertising or promoting specific goods or services).

The Minister of Health, Labour and Welfare, when conducting the use or provision pursuant to the provisions of the preceding paragraph, may use said anonymized long-term care insurance-related information in combination with the anonymized medical care-related information prescribed in Article 150-2, paragraph (1) of the Health Insurance Act, the anonymized medical insurance-related information prescribed in Article 16-2, paragraph (1) of the Act on Assurance of Medical Care for Elderly People, and other information specified by Order of the Ministry of Health, Labour and Welfare, or provide it in a state in which it can be used in combination.

The Minister of Health, Labour and Welfare, when intending to provide anonymized long-term care insurance-related information pursuant to the provisions of paragraph (1), must hear the opinion of the Social Security Council in advance.

A person who has been provided with and uses anonymized long-term care insurance-related information pursuant to the provisions of paragraph (1) of the preceding Article (hereinafter referred to as "user of anonymized long-term care insurance-related information"), in handling anonymized long-term care insurance-related information, must not acquire descriptions, etc. deleted from the long-term care insurance-related information (meaning any and all matters stated or recorded in a document, drawing or electromagnetic record (meaning a record made in an electromagnetic format (meaning an electronic format, a magnetic format, or any other format not recognizable to human perception)), or expressed by voice, movement or other methods) or information on the processing methods used in producing the anonymized long-term care insurance-related information, in order to identify the person themselves pertaining to the long-term care insurance-related information used in producing said anonymized long-term care insurance-related information, or collate said anonymized long-term care insurance-related information with other information.

A user of anonymized long-term care insurance-related information must, when it is no longer necessary to use the anonymized long-term care insurance-related information provided to the user, delete that anonymized long-term care insurance-related information without delay.

A user of anonymized long-term care insurance-related information must take the measures specified by Order of the Ministry of Health, Labour and Welfare as necessary and appropriate for preventing the leakage, loss or damage of anonymized long-term care insurance-related information and for otherwise ensuring the security control of that anonymized long-term care insurance-related information.

A user of anonymized long-term care insurance-related information or a person who was such a user must not make known to another person without good reason, or use 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.

To the extent necessary for the enforcement of the provisions of this Chapter, the Minister of Health, Labour and Welfare may order a user of anonymized long-term care insurance-related information (excluding other administrative organs of the State; the same applies hereinafter in this paragraph and the following Article) to report, or to submit or present record books and documents, or may have its personnel question a user of anonymized long-term care insurance-related information, or enter the office of a user of anonymized long-term care insurance-related information or any other place related to the use of anonymized long-term care insurance-related information and inspect its record books and documents and other items.

The provisions of Article 24, paragraph (3) apply mutatis mutandis to questions and inspections pursuant to the provisions of the preceding paragraph, and the provisions of paragraph (4) of the same Article apply mutatis mutandis to the authority granted pursuant to the provisions of the preceding paragraph, respectively.

The Minister of Health, Labour and Welfare, when finding that a user of anonymized long-term care insurance-related information is in violation of the provisions of Articles 118-4 through 118-7, may order that person to take measures necessary to correct the violation.

The Minister of Health, Labour and Welfare may entrust all or part of the affairs concerning the investigation and analysis prescribed in Article 118-2, paragraph (1) and the use or provision pursuant to the provisions of Article 118-3, paragraph (1) to the Organization, etc.

A user of anonymized long-term care insurance-related information must pay a fee in the amount specified by Cabinet Order, taking actual expenses into consideration, to the national government (or, in the case where the Organization, etc., having been entrusted by the Minister of Health, Labour and Welfare pursuant to the provisions of the preceding Article, performs all of the affairs concerning the provision of anonymized long-term care insurance-related information pursuant to the provisions of Article 118-3, paragraph (1), to the Organization, etc.).

The Minister of Health, Labour and Welfare may, when a person who intends to pay the fee under the preceding paragraph is a prefecture or any other person specified by Cabinet Order as playing a particularly important role in improving health and medical care and enhancing the welfare of citizens, reduce or waive the fee as specified by Cabinet Order.

A fee paid to the Organization, etc. pursuant to the provisions of paragraph (1) is to be the revenue of the Organization, etc.

A prefectural governor may provide necessary advice to a Municipality regarding technical matters for preparation of a Municipal Insured Long-Term Care Service Plan.

The Minister of Health, Labour, and Welfare may provide necessary advice to a prefecture regarding technical matters for preparation of a Prefectural Insured Long-Term Care Service Plan.

The national government, when a Municipality or a prefecture intends to implement projects as prescribed in a Municipal Insured Long-Term Care Service Plan or a Prefectural Insured Long-Term Care Service Plan, must endeavor to provide necessary information, advice, and other assistance for the efficient implementation of said projects.

A prefecture is to endeavor to support the analysis by Municipalities under the provisions of Article 117, paragraph (6).

A prefecture is to endeavor to conduct projects specified by Order of the Ministry of Health, Labour and Welfare as projects supporting the initiatives of Municipalities within the prefecture for supporting independent daily life of their Insured Persons in the community, preventing them from falling into a Condition of Need for Long-Term Care, etc., or reducing or preventing deterioration of a Condition of Need for Long-Term Care, etc., and ensuring the appropriateness of the expenses required for Long-Term Care Benefit, etc.

A prefecture is to establish a council (hereinafter referred to as the "council" in this Chapter (excluding paragraph (2) of the following Article)) composed of the Municipalities, public employment security offices, the Prefectural Center (meaning the Prefectural Center prescribed in Article 93, paragraph (1) of the Social Welfare Act), the Care Work Stability Center (meaning the Care Work Stability Center prescribed in Article 15, paragraph (2) of the Act on Improvement of Employment Management and Other Matters for Care Workers (Act No. 63 of 1992)), organizations whose members are Long-Term Care Service Providers, educational institutions, and other relevant organizations (referred to simply as "relevant organization" in paragraph (3) of the following Article) within the area governed by said prefecture, in order to promote the efforts prescribed in Article 5, paragraph (4).

The council, in order to promote the efforts prescribed in Article 5, paragraph (4), is to exchange necessary information on the status and other circumstances pertaining to those efforts, and to hold consultations on measures for promoting those efforts in accordance with those circumstances.

The council prescribed in the preceding Article, in holding the consultations under the preceding paragraph, must respect the results of the consultations in the council prescribed in Article 92-2 of the Social Welfare Act if that council is established in the prefecture in which said council is established.

A prefecture and the relevant organizations constituting the council are, based on the results of the consultations under paragraph (1), to carry out in cooperation the efforts pertaining to the measures on which those consultations were held.

In addition to what is provided for in the preceding two Articles, matters necessary for the organization and operation of the council are to be specified by the council.

A person engaged in the affairs of the council, or a person who was engaged in those affairs, must not divulge, without justifiable cause, any confidential information that the person has come to learn in relation to those affairs.