Medical Care Act

When an officer of a social medical corporation has acted in a manner that is contrary to their duties for the purpose of promoting their own interest or the interest of a third party, or with the object of inflicting damage on the social medical corporation, and has inflicted financial damage on the relevant social medical corporation, the relevant officer is punished by imprisonment for up to seven years, a fine of up to five million yen, or both.

When a social medical corporation's representative bondholder (meaning a social medical corporation's representative bondholder appointed pursuant to the provisions of Article 736, paragraph (1) of the Companies Act as applied mutatis mutandis pursuant to Article 54-7; the same applies in Article 81, paragraph (1) and Article 91) or resolution administrator (meaning a resolution administrator pursuant to the provisions of Article 737, paragraph (2) of the same Act as applied mutatis mutandis pursuant to Article 54-7; the same applies in Article 81, paragraph (1) and Article 91) has acted in a manner that is contrary to their duties for the purpose of promoting their own interest or the interest of a third party, or with the object of inflicting damage on the social medical corporation bondholders, and has inflicted financial damage on the relevant social medical corporation bondholders, the relevant person is punished by imprisonment for up to five years, a fine of up to five million yen, or both.

Any attempt to commit the crimes set forth in the preceding two Articles is punished.

In soliciting subscribers for social medical corporation bonds, when an officer of a social medical corporation or a person entrusted with soliciting subscribers for social medical corporation bonds has used a prospectus related to the affairs of the social medical corporation and other particulars or has used advertisements or other documents related to the relevant subscription that include a false statement on an important particular or, where electronic or magnetic records (meaning records as prescribed by an Order of the Ministry of Health, Labour and Welfare that are prepared in an electronic form, a magnetic form, or any other form not recognizable to human perception, which are used in information processing by computers; the same applies hereinafter) have been created in lieu of the relevant documents, where such a person has supplied electronic or magnetic records that include a false statement on an important matter for use in the relevant solicitation, the relevant person is punished by imprisonment for up to five years, a fine of up to five million yen, or both.

When a person undertaking the sale of social medical corporation bonds has used documents related to the relevant sale that include a false statement on an important particular, or, where electronic or magnetic records have been created in lieu of the relevant documents, when such a person has supplied electronic or magnetic records that include a false statement on an important particulars for use in the relevant sale, the provisions of the preceding paragraph apply.

When an officer of a social medical corporation, a social medical corporation's representative bondholder, or a resolution administrator has accepted, solicited, or promised to accept a financial benefit in connection with a duty with agreement to perform an act in response to a wrongful request, the relevant person is punished by imprisonment for up to five years or a fine of up to five million yen.

A person who has given, offered or promised to give the benefits referred to in the preceding paragraph is punished by imprisonment for not more than three years or a fine of not more than three million yen.

A person who has accepted, solicited or promised to accept property benefits in relation to any one of the following matters, in response to a wrongful request, is punished by imprisonment for not more than five years or a fine of not more than five million yen:

a statement of opinion or the exercise of a voting right at a social medical corporation bondholders meeting; or

the exercise of the rights of a social medical corporation bondholder who holds one-tenth or more of the total amount of social medical corporation bonds (excluding bonds that have been redeemed).

The provisions of the preceding paragraph also apply to a person who has given, offered, or promised to give the benefit set forth in that paragraph.

In cases as set forth in Article 81, paragraph (1) or paragraph (1) of the preceding Article, benefits accepted by the offender is confiscated. When it is not possible to confiscate all or part of such benefits, an equivalent value thereof is collected therefrom.

The crimes set forth in Article 77 through Article 79, Article 81, paragraph (1), and Article 82, paragraph (1) also apply to persons who committed such crimes outside Japan.

The crimes set forth in Article 81, paragraph (2), and Article 82, paragraph (2) is governed by Article 2 of the Penal Code (Act No. 45 of 1907).

When the person provided for in Article 78, Article 80, or Article 81, paragraph (1) is a corporation, these provisions and the provisions of Article 79 apply mutatis mutandis to the director, executive officer, or any other business-administering officer or manager who has committed such an act.

When, in violation of the provisions of Article 69-6, a person has needlessly disclosed to another person the content of medical corporation information that they came to know in connection with the use of medical corporation information, or has used it for an unjust purpose, the person who committed the violation is punished by imprisonment for up to one year or a fine of up to 500,000 yen, or both.

The crime set forth in the preceding Article also applies to a person who committed such a crime outside Japan.

A person who is or was a public officer engaged in affairs related to the submission of medical records or birth records pursuant to the provisions of Article 5, paragraph (2), Article 25, paragraph (2) or (4), or the inspection of medical records or birth records pursuant to the provisions of paragraph (1) or paragraph (3) of the same Article, who has, without justifiable grounds, divulged any secret or personal confidential information in relation to the services of physicians, dentists, or midwives which has come to their knowledge through the execution of their duties, is punished by imprisonment for up to one year or a fine of up to 500,000 yen.

The provisions of the preceding paragraph also apply to a person who is or was a public officer other than those who have come to have knowledge of a secret in the course of their duties as set forth in the preceding paragraph, who has divulged such a secret without justifiable grounds.

A person who has violated the provisions of Article 6-13, paragraph (4), Article 6-21, Article 6-22, paragraph (2), Article 30-21, paragraph (5), or Article 30-25, paragraph (6) is punished by imprisonment for up to one year or a fine of up to 500,000 yen.

In any of the cases listed in the following items, the person who committed the violation is punished by imprisonment for up to six months or a fine of up to 300,000 yen:

when they have violated the provisions of Article 6-5, paragraph (1), Article 6-6, paragraph (4), Article 6-7, paragraph (1), or Article 7, paragraph (1);

when they have violated the provisions of Article 14; or

When a person has failed to make a report or made a false report under the provisions of Article 38-6, paragraph (1), or has refused, obstructed, or evaded an inspection under the provisions of the same paragraph, the person who committed the violation is punished by a fine of up to 500,000 yen.

In any of the cases listed in the following items, an officer or employee of the medical accident investigation and support center who has committed the violation is punished by a fine of up to 300,000 yen:

when they have abolished all of the investigation services, etc. without obtaining the approval under Article 6-20;

when they have failed to make entries in the books, made false entries, or failed to preserve the books pursuant to the provisions of Article 6-23; or

when they have failed to make a report or made a false report set forth in Article 6-24, paragraph (1), or refused, obstructed, or evaded an inspection set forth in the same paragraph.

In the case falling under any of the following items, the person who committed the violation is punished by a fine of 200,000 yen or less:

when they have violated the provisions of Article 3, Article 4, paragraph (3), Article 4-2, paragraph (3), Article 4-3, paragraph (3), Article 8, Article 8-2, paragraph (2), Article 9, Article 10, Article 11, Article 12, Article 16, Article 18, Article 19, paragraph (1) or (2), Article 21, paragraph (1), items (ii) through (xi) or paragraph (2), item (ii), Article 22, item (i) or items (iv) through (viii), Article 22-2, item (ii) or (v), Article 22-3, item (ii) or (v), or Article 27;

when they have failed to report or submit or have falsely reported pursuant to the provisions of Article 5, paragraph (2), Article 6-8, paragraph (1), or Article 25, paragraphs (1) through (4), or have refused, obstructed, or evaded an inspection by the relevant official pursuant to the provisions of Article 6-8, paragraph (1) or Article 25, paragraphs (1) through (3);

when they have failed to post or falsely posted pursuant to the provisions of Article 14-2, paragraph (1) or (2);

when they have failed to give notification in violation of an instruction under the provisions of Article 38, paragraph (1) or Article 38-2, paragraph (1); or

when they have failed to give notification in violation of the provisions of Article 38, paragraph (3) or Article 38-2, paragraph (3).