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.
Chapter XIII Miscellaneous Provisions第十三章 雑則
Article 197第百九十七条
Collection of Reports(報告の徴収等)
Article 197, paragraph (1)
The Minister of Health, Labour, and Welfare or the prefectural governor may, when it is determined necessary for an evaluation concerning the effect of Insurance Benefits or other matter, request a Municipality to submit a report concerning the performance of said project.
The Minister of Health, Labour, and Welfare may request a prefectural governor or the mayor of a Municipality, when it is determined to be necessary with respect to the affairs to be conducted pursuant to the provisions of Chapter V by said prefectural governor or mayor of said Municipality, to submit a report, or may provide advice or recommendation.
A prefectural governor may request the mayor of a Municipality (excluding the mayors of designated cities and core cities; the same applies hereinafter in this paragraph), when it is determined to be necessary with respect to the affairs to be conducted by said mayor of a Municipality pursuant to the provisions of Chapter V, to submit a report, or may provide advice or recommendation.
The Minister of Health, Labour, and Welfare or a prefectural governor, as pertaining to a medical insurer, when he or she determines the necessity for a calculation of an amount of payment, may collect reports concerning said operation, or direct personnel to investigate said conditions in practice.
The provisions of Article 24, paragraph (3) apply mutatis mutandis to an inspection 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.
A mayor of a Municipality, pursuant to the provisions of a Cabinet Order, must report the performance of said business to the Minister of Health, Labour, and Welfare.
市町村長は、政令で定めるところにより、その事業の実施の状況を厚生労働大臣に報告しなければならない。
Article 198第百九十八条
Supervision of Association(連合会に対する監督)
Article 198, paragraph (1)
In a case when the provisions of Article 106 and Article 108 of the National Health Insurance Act apply to an Association, the term "business" in these provisions is deemed to be replaced with "business (including Business Relevant to A Long-Term Care Insurance Project that is as prescribed in Article 177 of the Long-Term Care Insurance Act (Act No.123 of 1997)."
An order of a statutory lien related to an insurance premium or other levy pursuant to the provisions of this Act has priority subordinate to national tax and local tax.
保険料その他この法律の規定による徴収金の先取特権の順位は、国税及び地方税に次ぐものとする。
Article 200第二百条
Prescription(時効)
Article 200, paragraph (1)
The right to collect an insurance premium, a Levy, or other money collected pursuant to the provisions of this Act, or to receive a refund thereof, and the right to receive an Insurance Benefit are extinguished by prescription when two years have elapsed from the time when those rights may be exercised.
A demand for payment of an insurance premium or other money collected pursuant to the provisions of this Act has the effect of renewal of prescription.
保険料その他この法律の規定による徴収金の督促は、時効の更新の効力を生ずる。
Article 200-2第二百条の二
Period Limitation on Assessment Decisions(賦課決定の期間制限)
Article 200-2, paragraph (1)
A decision on the imposition of an insurance premium may not be made on or after the day on which two years have elapsed, counting from the day following the due date for the first insurance premium for the relevant fiscal year (meaning the time limit by which an insurance premium is to be paid or remitted pursuant to the provisions of this Act or a Prefectural or Municipal Ordinance based thereon; in the case where it becomes possible to impose an insurance premium after that due date, the day on which it becomes possible to impose that insurance premium).
With regard to the calculation of periods as prescribed by this Act or an Order based on this Act, the provisions concerning periods as set forth in the Civil Code apply mutatis mutandis.
この法律又はこの法律に基づく命令に規定する期間の計算については、民法の期間に関する規定を準用する。
Article 201-2第二百一条の二
Restrictions, etc. on Use of Insured Person Number, etc.(被保険者番号等の利用制限等)
Article 201-2, paragraph (1)
The Minister of Health, Labour and Welfare, Municipalities, Long-Term Care Service Providers, persons conducting a Specified Comprehensive Project for Long-Term Care Prevention and Daily Life Support, and other persons specified by Order of the Ministry of Health, Labour and Welfare as persons who use the insured person number, etc. (meaning the insurer number (meaning a number determined for each Municipality by the Minister of Health, Labour and Welfare for identifying Municipalities in an Insured Long-Term Care Project) and the insured person number (meaning a number determined for each Insured Person by a Municipality for managing the qualifications of Insured Persons); the same applies hereinafter in this Article) for the performance of an Insured Long-Term Care Project or affairs related to that project (hereinafter in this Article referred to as the "Minister of Health, Labour and Welfare, etc.") must not request anyone to disclose the insured person number, etc. pertaining to that person or a person other than that person, except where necessary for the performance of that project or those affairs.
A person other than the Minister of Health, Labour and Welfare, etc. must not request anyone to disclose the insured person number, etc. pertaining to that person or a person other than that person, except in a case specified by Order of the Ministry of Health, Labour and Welfare as a case where the use of the insured person number, etc. is particularly necessary for the performance of an Insured Long-Term Care Project or affairs related to that project.
No person may, except in the following cases, with regard to an act that the person conducts as a business, request a person who intends to make an application for a contract of sale, lease, employment, or otherwise (hereinafter in this paragraph referred to as a "contract") with the person, a person who makes such an application, or a person who has concluded a contract with the person, to disclose the insured person number, etc. pertaining to the person requested or a person other than the person requested.
where the Minister of Health, Labour and Welfare, etc. requests the disclosure of the insured person number, etc. in a case prescribed in paragraph (1);
厚生労働大臣等が、第一項に規定する場合に、被保険者番号等を告知することを求めるとき。
Article 201-2, paragraph (3), item (ii)
where a person other than the Minister of Health, Labour and Welfare, etc. requests the disclosure of the insured person number, etc. in a case specified by Order of the Ministry of Health, Labour and Welfare prescribed in the preceding paragraph.
No person may, except in the following cases, constitute as a business a database in which the insured person number, etc. are recorded (meaning a collection of information including the insured person number, etc. pertaining to persons other than that person, systematically structured so that such information can be retrieved using a computer) and in which the information recorded is intended to be provided to others (hereinafter in this paragraph referred to as a "database for provision").
where the Minister of Health, Labour and Welfare, etc. constitutes a database for provision in a case prescribed in paragraph (1);
厚生労働大臣等が、第一項に規定する場合に、提供データベースを構成するとき。
Article 201-2, paragraph (4), item (ii)
where a person other than the Minister of Health, Labour and Welfare, etc. constitutes a database for provision in a case specified by Order of the Ministry of Health, Labour and Welfare prescribed in paragraph (2).
When an act in violation of the provisions of the preceding two paragraphs has been committed and the Minister of Health, Labour and Welfare finds that the person who committed the act is likely to commit further acts in violation of those provisions repeatedly, the Minister may recommend that the person who committed the act cease the act, or recommend that the person take measures necessary to ensure that the act is ceased.
When a person who has received a recommendation pursuant to the provisions of the preceding paragraph does not comply with the recommendation, the Minister of Health, Labour and Welfare may specify a due date and order that person to comply with the recommendation.
When the Minister of Health, Labour and Welfare finds it necessary with regard to the measures pursuant to the provisions of paragraphs (5) and (6) of the preceding Article, the Minister may, within the scope found necessary, request a report on necessary matters from a person for whom there are reasonable grounds to find that the person is in violation of the provisions of paragraph (3) or (4) of that Article, or direct personnel to enter the Business Offices or places of business of that person and ask questions, or to inspect record books and documents, and other items.
The provisions of Article 24, paragraph (3) apply mutatis mutandis to questions or 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.
Investigation Concerning an Insured Person(被保険者等に関する調査)
Article 202, paragraph (1)
A Municipality, when it determines it necessary with respect to qualification of an Insured Person, an Insurance Benefit, Community Support Projects, or an insurance premium, may order an Insured Person, the spouse of an Insured Person, the householder of the family where an Insured Person resides, or other person who belongs to that family, or a person who was any of these, to submit or present documents and other items, or direct personnel to make inquiries.
The provisions of Article 24, paragraph (3) apply mutatis mutandis to questions 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.
A Municipality, when it determines it necessary with regard to an Insurance Benefit, Community Support Projects, or an insurance premium, may, with respect to the status of assets or income of an Insured Person, the spouse of an Insured Person, the householder of the family where an Insured Person resides, or other person who belongs to that family, or the status of payment of an old age, etc. pension benefit to an Insured Person, request a public agency or a Pension Insurer to allow inspection of necessary documents or to provide materials, or request a report from a bank, trust company, or other institution, or from the employer of an Insured Person or other relevant person.
Article 203, paragraph (2)(資料の提供等)(Provision of Data)Changed
A prefectural governor or mayor of a Municipality, when it is determined to be necessary with regard to the designation under the main clause of Article 41, paragraph (1), the main clause of Article 42-2, paragraph (1), Article 46, paragraph (1), Article 47-2, paragraph (1), Article 48, paragraph (1), item (i), the main clause of Article 53, paragraph (1), the main clause of Article 54-2, paragraph (1), Article 58, paragraph (1), Article 59-2, paragraph (1), or Article 115-45-3, paragraph (1), or the approval under Article 94, paragraph (1) or Article 107, paragraph (1), may request the person who collects the insurance premiums, etc. to allow inspection of necessary documents or to provide materials, concerning the status of payment of insurance premiums, etc. by the applicant pertaining to those designations or approvals or its Officer, etc., or by the establisher or its officers, or by the administrator of a Hospital, etc., the head of an Intensive Care Home for the Elderly, or an employee prescribed in Article 94, paragraph (3), item (xi) or Article 107, paragraph (3), item (xiv).
Special Provisions for Large Cities, etc.(大都市等の特例)
Article 203-2, paragraph (1)
Affairs that are to be executed by prefectures under this Act and that are specified by Cabinet Order are to be executed in designated cities and core cities by the designated city or core city (hereinafter referred to as a "Designated City, etc.") pursuant to the provisions of Cabinet Order. In this case, the provisions of this Act concerning prefectures apply to Designated Cities, etc. as provisions concerning Designated Cities, etc.
Execution of Affairs by the Minister of Health, Labour, and Welfare in an Emergency(緊急時における厚生労働大臣の事務執行)
Article 203-3, paragraph (1)
Affairs that belong to the authority of a prefectural governor or mayor of a Municipality pursuant to the provisions of Article 100, paragraph (1) or Article 114-2, paragraph (1), in a case when the Minister of Health, Labour and Welfare determines that there is an urgent need to ensure the safety of the life or body of a person who is admitted to a Long-Term Care Health Facility or an integrated facility for medical and long-term care, are to be executed by the Minister of Health, Labour and Welfare, or a prefectural governor or mayor of a Municipality. In this case, the provisions concerning a prefectural governor in the provisions of this Act (limited to those pertaining to said affairs) apply to the Minister of Health, Labour and Welfare as provisions concerning the Minister of Health, Labour and Welfare.
In a case as set forth in the preceding paragraph, when the Minister of Health, Labour, and Welfare, or a prefectural governor or mayor of a Municipality execute said Affairs, said Affairs are to be performed under mutual and close cooperation.
Affairs that are executed by a prefecture pursuant to the provisions of Article 156, paragraph (4), Article 172, paragraphs (1) and (3), and Article 197, paragraph (4) are to be Type 1 statutory entrusted affairs prescribed in Article 2, paragraph (9), item (i) of the Local Autonomy Act.
The authority of the Minister of Health, Labour, and Welfare as provided in this Act, pursuant to the provisions of Order of the Ministry of Health, Labour, and Welfare, may be delegated to the chief of the relevant Regional Bureau of Health and Welfare.
The authority that is delegated to the chief of said Regional Bureau of Health and Welfare pursuant to the provisions of the preceding paragraph, pursuant to the provisions of Order of the Ministry of Health, Labour, and Welfare, may be delegated to a branch manager of said Regional Bureau of Health and Welfare
Excluding the special provisions as provided in this Act, the procedures for execution of this Act and other detailed regulations necessary with regard to execution are determined by Order of the Ministry of Health, Labour, and Welfare.