Long-Term Care Insurance Act

A Municipality may entrust all or part of the affairs concerning the collection, organization, use or provision of information on Insured Persons or persons who were Insured Persons pertaining to the implementation of the project listed in Article 115-45, paragraph (2), item (vii) to the Medical Information Infrastructure and Medical Fee Examination and Payment Organization under the Medical Information Infrastructure and Medical Fee Examination and Payment Organization Act (Act No. 129 of 1948) (hereinafter referred to as "the Organization") or the Association or other persons specified by Order of the Ministry of Health, Labour and Welfare (referred to as "Organization, etc." in Article 118-10118-13 and Article 118-11118-14).

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 Article 118-8, paragraph (1)) 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.

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 pseudonymized 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 the person themselves pertaining to the long-term care insurance-related information unless it is collated with other information; the same applies hereinafter).

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, when the Minister finds it necessary for a person listed in each of the following items who conducts the business specified in the respective items as business found to have considerable public interest in being conducted upon receipt of pseudonymized long-term care insurance-related information to use pseudonymized long-term care insurance-related information in order to conduct that business, may, as specified by Order of the Ministry of Health, Labour and Welfare, provide said pseudonymized long-term care insurance-related information to that person.

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 two paragraphs, may use said pseudonymized long-term care insurance-related information in combination with the pseudonymized medical care-related information prescribed in Article 150-7, paragraph (1) of the Health Insurance Act, the pseudonymized medical insurance-related information prescribed in Article 16-7, 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 pseudonymized long-term care insurance-related information pursuant to the provisions of paragraph (2), must hear the opinion of the Social Security Council in advance.

The Minister of Health, Labour and Welfare, when providing pseudonymized long-term care insurance-related information pursuant to the provisions of paragraph (2) of the preceding Article and finding it necessary, is to impose, on a person who is provided with and uses pseudonymized long-term care insurance-related information pursuant to the provisions of that paragraph (hereinafter referred to as "user of pseudonymized long-term care insurance-related information"), restrictions on the purpose or method of use of the provided pseudonymized long-term care insurance-related information and other necessary restrictions.

The provisions of Article 68 and Article 76 through Article 107 of the Act on the Protection of Personal Information (Act No. 57 of 2003) do not apply where the Minister of Health, Labour and Welfare uses or provides pseudonymized long-term care insurance-related information pursuant to the provisions of paragraph (1) or (2) of the preceding Article.

The provisions of Article 118-4 through Article 118-7 apply mutatis mutandis to the handling of pseudonymized long-term care insurance-related information by a user of pseudonymized 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 and a user of pseudonymized long-term care insurance-related information (excluding other administrative organs of the State; the same applies hereinafter hereinafter referred to as a "user of anonymized or pseudonymized long-term care insurance-related information" 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 informationthe relevant person, or enter the office Business Office of a user of anonymized or pseudonymized long-term care insurance-related information or any other place related to the use of anonymized long-term care insurance-related information or pseudonymized long-term care insurance-related information and inspect its record books and documents and other items.

The Minister of Health, Labour and Welfare, when finding that a user of anonymized or pseudonymized long-term care insurance-related information is in violation of a restriction imposed pursuant to the provisions of Articles 118-4 through 118-7 (including a case applied mutatis mutandis pursuant to Article 118-10) or the provisions of Article 118-9, paragraph (1) (including a case applied mutatis mutandis pursuant to paragraph (2) of the following Article), 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 orand provision pursuant to the provisions of Article 118-3, paragraph (1) and Article 118-8, paragraphs (1) and (2) to the Organization, etc.

The provisions of Article 118-9, paragraph (1) apply mutatis mutandis where a person entrusted pursuant to the provisions of the preceding paragraph provides pseudonymized long-term care insurance-related information on the basis of said entrustment.

The provisions of Article 68 and Article 76 through Article 107 of the Act on the Protection of Personal Information do not apply where a person entrusted pursuant to the provisions of paragraph (1) uses or provides pseudonymized long-term care insurance-related information on the basis of said entrustment.

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 paragraph (1) 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 provisions of the preceding three paragraphs apply mutatis mutandis to the fee in the case where a user of pseudonymized long-term care insurance-related information receives the provision of pseudonymized long-term care insurance-related information pursuant to the provisions of Article 118-8, paragraph (2).

where a person violates an order when, in violation of the provisions of Article 118-7 as applied mutatis mutandis pursuant to Article 118-10, a person divulges to another person without good reason the provisionscontent of Article 118-9.pseudonymized long-term care insurance-related information learned in connection with the use of pseudonymized long-term care insurance-related information, or uses it for an unjust purpose;

where a person violates an order pursuant to the provisions of Article 118-12.

when a person fails to report or submit or present record books and documents pursuant to the provisions of Article 118-8118-11, 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.