Medical Care Act

The provisions of Section 7 of the preceding Chapter (excluding Article 55, paragraph (1) (limited to the part pertaining to items (iv) and (vii)) and Article 55, paragraph (3)) apply mutatis mutandis to the dissolution and liquidation of a regional medical coordination promotion corporation. In this case, the term "prefectural governor" in paragraph (6) of the same Article is replaced with "prefectural governor having granted approval (meaning the prefectural governor having granted approval prescribed in Article 70-8, paragraph (3); hereinafter the same applies in this Section)", the term "prefectural governor" in paragraphs (7) and (8) of the same Article is replaced with "prefectural governor having granted approval", the term "or (v), or paragraph (3), item (i)" in paragraph (8) of the same Article is replaced with "or (v)", the term "decision to merge or to commence bankruptcy proceedings" in Article 56, paragraph (1) and Article 56-3 is replaced with "decision to commence bankruptcy proceedings", the term "prefectural governor" in Article 56-6 and Article 56-11 is replaced with "prefectural governor having granted approval", the term "liquidation" in Article 56-12, paragraph (1) is replaced with "liquidation (limited to the part pertaining to dissolution and liquidation prescribed in this Section (excluding Article 55, paragraph (1) (limited to the part pertaining to items (iv) and (vii)) and Article 55, paragraph (3)) as applied mutatis mutandis by replacing the terms pursuant to Article 70-15)", and the term "prefectural governor" in paragraphs (3) and (4) of the same Article is replaced with "prefectural governor having granted approval".

The provisions of Article 5, paragraph (1), Article 49, paragraph (2) (limited to the part pertaining to item (vi) (limited to the part pertaining to the general meeting of members set forth in item (iii) of Article 148)), Article 67, paragraphs (1) and (3), and Chapter V of the Act on General Incorporated Associations and General Incorporated Foundations do not apply to a regional medical coordination promotion corporation.

Beyond the particulars listed in each item of Article 11, paragraph (1) of the Act on General Incorporated Associations and General Incorporated Foundations and the provisions of the articles of incorporation prescribed in Article 70-3, paragraph (1), items (iv), (vii), (viii), (xiii) and (xvii) through (xx), a regional medical coordination promotion corporation must provide for the following particulars in its articles of incorporation:

provisions concerning assets and accounting;

provisions concerning officers;

provisions concerning the board of directors;

provisions concerning dissolution;

provisions concerning change of the articles of incorporation; and

names and locations of hospitals, etc. it has established (including hospitals, etc. it manages as a designated administrator) or facilities or offices engaged in nursing care business, etc. it has established or manages, which are specified by an Order of the Ministry of Health, Labour and Welfare, if any.

The provisions of Article 54-9 (excluding paragraphs (1) and (2)) apply mutatis mutandis to the change of the articles of incorporation of a regional medical coordination promotion corporation. In this case, the term "prefectural governor" in paragraph (3) of the same Article is replaced with "prefectural governor having granted approval (meaning the prefectural governor having granted approval prescribed in Article 70-8, paragraph (3); the same applies in the following paragraph and paragraph (5))", the term "prefectural governor" in paragraph (4) of the same Article is replaced with "prefectural governor having granted approval", the term "particulars prescribed in Article 45, paragraph (1) and" is replaced with "whether the assets of the regional medical coordination promotion corporation (meaning the regional medical coordination promotion corporation prescribed in Article 70-5, paragraph (1)) pertaining to the relevant application meet the requirements set forth in Article 41 as applied mutatis mutandis by replacing the terms pursuant to Article 70-10, whether the content of the articles of incorporation after change does not violate the provisions of laws and regulations, and", and the term "prefectural governor" in paragraph (5) of the same Article is replaced with "prefectural governor having granted approval".

A prefectural governor having granted approval, when giving the approval set forth in Article 54-9, paragraph (3) (limited to the approval pertaining to the particulars listed in item (vi) of the preceding Article and other important particulars specified by an Order of the Ministry of Health, Labour and Welfare; hereinafter the same applies in this paragraph) as applied mutatis mutandis by replacing the terms in accordance with the preceding paragraph or making a disposition not to give the approval, must hear the opinions of the Prefectural Council on Medical Service Facilities in advance.

The selection and dismissal of a representative director does not take effect without the approval of the prefectural governor having granted approval. However, this does not apply in the case of reappointing a representative director.

The prefectural governor having granted approval, when giving the approval set forth in the main clause of the preceding paragraph or making a disposition not to give the approval, must hear the opinions of the Prefectural Council on Medical Service Facilities in advance.

The provisions of Article 6-8, paragraphs (3) and (4), Article 63, paragraph (1) and Article 64 apply mutatis mutandis to a regional medical coordination promotion corporation. In this case, the term "paragraph (1)" in Article 6-8, paragraphs (3) and (4) is replaced with "Article 63, paragraph (1) as applied mutatis mutandis by replacing the terms pursuant to Article 70-20", the term "prefectural governor" in Article 63, paragraph (1) is replaced with "prefectural governor having granted approval (meaning the prefectural governor having granted approval prescribed in Article 70-8, paragraph (3); hereinafter the same applies in this paragraph and the following Article) ", the term "by the prefectural governor" is replaced with "by the prefectural governor having granted approval", and the term "prefectural governor" in Article 64 is replaced with "prefectural governor having granted approval".

In the case where a regional medical coordination promotion corporation falls under any of the following items, the prefectural governor having granted approval must rescind the approval for medical coordination promotion:

when the regional medical coordination promotion corporation has come to fall under Article 70-4, item (i) or (iii); or

when the regional medical coordination promotion corporation has received the approval for medical coordination promotion by deception or other wrongful means.

In the case where a regional medical coordination promotion corporation falls under any of the following items, the prefectural governor having granted approval may rescind the approval for medical coordination promotion:

when the regional medical coordination promotion corporation no longer conforms to any of the standards listed in each item of Article 70-3, paragraph (1);

when the regional medical coordination promotion corporation has filed an application for revocation of the approval for medical coordination promotion; or

when the regional medical coordination promotion corporation has violated this Act or any order under this Act or any disposition thereunder.

A prefectural governor having granted approval, when rescinding the approval for medical coordination promotion pursuant to the provisions of the preceding two paragraphs, must hear the opinions of the Prefectural Council on Medical Service Facilities in advance.

A prefectural governor having granted approval who rescinded the approval for medical coordination promotion pursuant to the provisions of paragraph (1) or (2) must make a public announcement to that effect in accordance with an Order of the Ministry of Health, Labour and Welfare.

A reginal medical coordination promotion corporation that has received a disposition of rescission of the approval for medical coordination promotion pursuant to the provisions of paragraph (1) or paragraph (2) is deemed to have amended its articles of incorporation to change the words "regional medical coordination promotion corporation" in its name to "general incorporated association".

A prefectural governor having granted approval who rescinded the approval for medical coordination promotion pursuant to the provisions of paragraph (1) or (2) must immediately commission the registration of the change of the name of the relevant regional medical coordination promotion corporation to the registration office having jurisdiction over the location of the principal office of the relevant regional medical coordination promotion corporation.

The written commission for registration of the change of the name pursuant to the provisions of the preceding paragraph must be accompanied by a document certifying that the disposition pertaining to the cause of the relevant registration has been made.

In the case where the prefectural governor having granted approval has revoked the approval for medical coordination promotion pursuant to paragraph (1) or (2) of the preceding Article, if, in accordance with the provisions of the articles of incorporation prescribed in Article 70-3, paragraph (1), item (xix), a written contract for the donation of property in an amount equivalent to the remaining balance of property acquired for medical coordination promotion purposes is not concluded within one month from the date of that revocation of the approval for medical coordination promotion, a written contract is deemed to have been concluded under which the prefecture under the jurisdiction of the prefectural governor having granted approval receives, from the corporation subject to that revocation of the approval for medical coordination promotion (referred to as the "corporation whose approval has been revoked" in paragraph (4)), the donation specified in the articles of incorporation prescribed in that item with respect to money in an amount equivalent to that remaining balance of property acquired for medical coordination promotion purposes. The same applies to the remaining portion in the case where, within one month from the date of that revocation of the approval for medical coordination promotion, a written contract has been concluded for the donation specified in the articles of incorporation prescribed in that item with respect to property in an amount equivalent to a part of that remaining balance of property acquired for medical coordination promotion purposes.

The remaining balance of property acquired for medical coordination promotion purposes set forth in the preceding paragraph is the amount obtained by deducting the amount set forth in item (iii) from the total value of the remaining property after excluding the property set forth in item (ii) from the property set forth in item (i).

all business property for the purpose of medical coordination promotion acquired by the relevant regional medical coordination promotion corporation (meaning the business property for the purpose of medical coordination promotion prescribed in Article 18 of the Act on Authorization of Public Interest Incorporated Associations and Public Interest Incorporated Foundations as applied mutatis mutandis by replacing the terms pursuant to Article 70-9; the same applies in the following item and item (iii));

business property for the purpose of medical coordination promotion that the relevant regional medical coordination promotion corporation has consumed or transferred in order to conduct medical coordination promotion operations on or after the date on which it received approval for medical coordination promotion; and

the total amount of property other than business property for the purpose of medical coordination promotion that the relevant regional medical coordination promotion corporation has consumed or transferred in order to conduct medical coordination promotion operations, by the method specified by an Order of the Ministry of Health, Labour and Welfare, on or after the date on which it received approval for medical coordination promotion, and of payments of taxes and public charges borne in connection with the implementation of medical coordination promotion operations on or after that date and other amounts specified by an Order of the Ministry of Health, Labour and Welfare.

In addition to what is provided for in the preceding paragraph, the details of the calculation of the remaining balance of property acquired for medical coordination promotion purposes and other matters necessary for its calculation are specified by an Order of the Ministry of Health, Labour and Welfare.

In the case referred to in paragraph (1), the prefectural governor having granted approval must notify the corporation whose approval has been revoked of the remaining balance of property acquired for medical coordination promotion purposes calculated pursuant to the preceding two paragraphs and of the fact that, pursuant to paragraph (1), a contract has been concluded between that corporation and the prefecture under the jurisdiction of the prefectural governor having granted approval for the donation of money in an amount equivalent to that remaining balance of property acquired for medical coordination promotion purposes or a part of it.

A regional medical coordination promotion corporation cannot change the provisions of the articles of incorporation prescribed in Article 70-3, paragraph (1), item (xix).

The provisions of Article 66-2 and Article 67 apply mutatis mutandis to a regional medical coordination promotion corporation. In this case, the term "Article 64, paragraphs (1) and (2), Article 64-2, paragraph (1), Article 65, and paragraph (1) of the preceding Article" in Article 66-2 is replaced with "Article 64, paragraphs (1) and (2) as applied mutatis mutandis by replacing the terms pursuant to Article 70-20 and Article 70-21, paragraphs (1) and (2) ", and the term "prefectural governor" is replaced with "prefectural governor having granted approval (meaning the prefectural governor having granted approval prescribed in Article 70-8, paragraph (3); the same applies in Article 67, paragraphs (1) and (3))", the term "prefectural governor" in Article 67, paragraph (1) is replaced with "prefectural governor having granted approval", the term "Article 44, paragraph (1), Article 55, paragraph (6), Article 58-2, paragraph (4) (including cases where it is applied mutatis mutandis by replacing the terms pursuant to Article 59-2), or Article 60-3, paragraph (4) (including the cases where it is applied mutatis mutandis by replacing the terms pursuant to Article 61-3)" is replaced with "disposition of not granting approval for medical coordination promotion or Article 55, paragraph (6) as applied mutatis mutandis by replacing the terms pursuant to Article 70-15", the term "Article 64, paragraph (2)" is replaced with "Article 64, paragraph (2) as applied mutatis mutandis by replacing the terms pursuant to Article 70-20", and the term "prefectural governor" in paragraph (3) of the same Article is replaced with "prefectural governor having granted approval".

Beyond what is specifically provided for in this Chapter, approval for medical coordination promotion and supervision of a regional medical coordination promotion corporation in the case where the medical coordination promotion area extends over two or more prefectures, and other necessary particulars concerning the approval for medical coordination promotion and supervision of a regional medical coordination promotion corporation is specified by a Cabinet Order, and other necessary particulars concerning the enforcement of the provisions of this Chapter is specified by an Order of the Ministry of Health, Labour and Welfare.