Medical Care Act

When the representative of a corporation (including an association or foundation that is not a corporation and has a designated representative or administrator (hereinafter referred to as an "association or foundation without legal personality" in this Article); the same applies hereinafter in this paragraph) (including the administrator of an association or foundation without legal personality), or an agent, employee, or other worker of a corporation or individual, has committed a violation of Article 85-2, Article 87, Article 87-2 or the preceding Article in connection with the business of that corporation or individual, a fine under the relevant main provision is also imposed on that corporation or individual, in addition to punishing the offender.

Where the provisions of the preceding paragraph apply to an association or foundation without legal personality, in addition to the representative or administrator of the association or foundation without legal personality representing it in its litigation acts, the provisions of laws and regulations concerning criminal procedure in the case where a juridical person is the accused or suspect apply mutatis mutandis.

Where the officer of a social medical corporation, the administrator of a social medical corporation bond registry (meaning a person pursuant to the provisions of Article 683 of the Companies Act as applied mutatis mutandis pursuant to Article 54-7), a social medical corporation bond administrator, the social medical corporation bond administrator who succeeds to the administration of social medical corporation bonds (meaning a social medical corporation bond administrator who succeeds to the affairs of a social medical corporation bond administrator pursuant to the provisions of Article 711, paragraph (1), or Article 714, paragraph (1) or (3) of the Companies Act as applied mutatis mutandis pursuant to Article 54-7), an assistant social medical corporation bond administrator, the assistant social medical corporation bond administrator who succeeds to the affairs (meaning an assistant social medical corporation bond administrator who succeeds to the affairs of an assistant social medical corporation bond administrator pursuant to the provisions of Article 711, paragraph (1), or Article 714, paragraph (1) or (3) of the same Act as applied mutatis mutandis pursuant to Article 714-7 of the same Act as applied mutatis mutandis pursuant to Article 54-7), a social medical corporation's representative bondholder, or a resolution administrator falls under any one of the following items, the relevant person is subject to a civil fine of up to one million yen; provided, however, that this does not apply when such an act should be made subject to criminal punishment:

when the person has failed to give public notice or notice or has given improper public notice or notice under the provisions of the Companies Act as applied mutatis mutandis under this Act;

when, in violation of the provisions of the Companies Act as applied mutatis mutandis under this Act, the person has refused to allow the inspection or copying of documents or anything that shows the particulars recorded in electronic or magnetic records in a manner prescribed by an Order of the Ministry of Health, Labour and Welfare, or has refused to deliver a transcript or extract of documents, to provide particulars recorded in electronic or magnetic records by electronic or magnetic means, or to deliver a document that states such particulars, without justifiable grounds;

when the person has refused, obstructed, or evaded an inspection under the provisions of the Companies Act as applied mutatis mutandis under this Act;

when the person has made a false statement or concealed facts at a social medical corporation bondholders meeting;

when the person has failed to enter or record particulars to be entered or recorded in the social medical corporation bond registry, the minutes (meaning minutes prepared pursuant to the provisions of Article 731, paragraph (1) of the Companies Act as applied mutatis mutandis pursuant to Article 54-7; the same applies in the following item), or the documents or electronic or magnetic records set forth in Article 682, paragraph (1), or Article 695, paragraph (1) of the Companies Act as applied mutatis mutandis pursuant to Article 54-7, or has entered or recorded false particulars therein;

when the person has failed to keep a social medical corporation bond registry or minutes, in violation of the provisions of Article 684, paragraph (1), or Article 731, paragraph (2) of the Companies Act as applied mutatis mutandis pursuant to Article 54-7;

when the person has issued social medical corporation bond certificates prior to the date of issue of social medical corporation bonds;

when the person has failed to issue social medical corporation bond certificates without delay, in violation of the provisions of Article 696 of the Companies Act as applied mutatis mutandis pursuant to Article 54-7;

when the person has failed to enter or has falsely entered any particular that must be entered on a social medical corporation bond certificate; or

when the person has issued social medical corporation bonds in violation of the provisions of Article 54-5, or has failed to appoint a social medical corporation bond administrator or assistant social medical corporation bond administrator to succeed to the affairs, in violation of the provisions of Article 711, paragraph (1) of the Companies Act as applied mutatis mutandis pursuant to Article 54-7 (including as applied mutatis mutandis pursuant to Article 714-7 of the same Act as applied mutatis mutandis pursuant to Article 54-7).

A person who, having been requested to make a report under the provisions of Article 6-4-4, paragraph (1), has failed to comply or made a false report, a person who has violated an order under the provisions of Article 30-13, paragraph (5), Article 30-18-2, paragraph (2) or Article 30-18-4, paragraph (6), or a person who, in violation of the provisions of Article 30-18-6, paragraph (3), has failed to give notification or has given a false notification, is subject to a civil fine of up to 300,000 yen.

In any of the cases under the each of the following items, the director, auditor, or liquidator of a medical corporation, or the director, auditor or liquidator of a regional medical coordination promotion corporation is subject to a civil fine of up to 200,000 yen; provided, however, that this does not apply when such an act should be made subject to criminal punishment:

when the person has failed to complete registration pursuant to the provisions of a Cabinet Order based on this Act;

when the person has failed to keep an inventory of assets pursuant to the provisions of Article 46, paragraph (2), or has failed to enter or has falsely entered a particular that must be entered therein;

when the person has failed to take measures for electronic provision (meaning measures to put members into a state in which they can receive the provision of information by electronic or magnetic means, as specified by an Order of the Ministry of Health, Labour and Welfare) in violation of the provisions of Article 47-3, paragraph (1) of the Act on General Incorporated Associations and General Incorporated Foundations as applied mutatis mutandis by replacing the terms pursuant to Article 46-3-6;

when the person has neglected to keep the minutes pursuant to the provisions of Article 57, paragraphs (2) through (4) of the Act on General Incorporated Associations and General Incorporated Foundations as applied mutatis mutandis pursuant to Article 46-3-6, Article 193, paragraphs (2) through (4) of the same Act as applied mutatis mutandis pursuant to Article 46-4-7, or Article 97, paragraphs (1) through (3) of the same Act as applied mutatis mutandis pursuant to Article 46-7-2, paragraph (1), has failed to state or record particulars that should be stated or recorded therein, has made false statements or records, or has refused inspection or copying thereof under these provisions;

when the person has failed to give public notice as prescribed in Article 51-3, paragraph (1) (including if it is applied mutatis mutandis pursuant to Article 70-14) or has given false public notice;

when the person has neglected to keep the documents pursuant to the provisions of Article 51-4, paragraph (1) (including if it is applied mutatis mutandis pursuant to paragraph (4) of the same Article; the same applies hereinafter in this item), paragraph (2) (including if it is applied mutatis mutandis by replacing the terms pursuant to paragraph (4) of the same Article (including if it is applied mutatis mutandis by replacing the terms pursuant to Article 70-14; the same applies hereinafter in this item) and Article 70-14; the same applies hereinafter in this item), or paragraph (3) (including if it is applied mutatis mutandis by replacing the terms pursuant to Article 51-4, paragraph (4) and Article 70-14), has failed to state the particulars to be stated therein, or has made false statements, or has refused inspection thereof under Article 51-4, paragraph (1) or (2) without justifiable grounds;

when the person has failed to give a notification or has given a false notification in violation of the provisions of Article 52, paragraph (1) (including if it is applied mutatis mutandis pursuant to Article 70-14) or Article 54-9, paragraph (5) (including if it is applied mutatis mutandis pursuant to Article 70-18, paragraph (1));

when the person has distributed dividends of surplus, in violation of the provisions of Article 54 (including if it is applied mutatis mutandis pursuant to Article 70-14);

when the person has failed to file a petition for the commencement of bankruptcy procedures pursuant to the provisions of Article 55, paragraph (5), or Article 56-10, paragraph (1) (including if these provisions are applied mutatis mutandis pursuant to Article 70-15);

when the person has failed to provide the public notice pursuant to the provisions of Article 56-8, paragraph (1), or Article 56-10, paragraph (1) (including if these provisions are applied mutatis mutandis pursuant to Article 70-15), or has falsely provided such public notice;

when the person has neglected to keep the documents pursuant to the provisions of Article 58-3, paragraph (2) (including if it is applied mutatis mutandis pursuant to Article 59-2) or Article 60-4, paragraph (2) (including if it is applied mutatis mutandis pursuant to Article 61-3), has failed to state the particulars to be stated therein, or has made false statements, or has refused inspection thereof under these provisions;

when the person has conducted an absorption-type merger, consolidation-type merger, absorption-type split, or incorporation-type split in violation of the provisions of Article 58-4, paragraph (1) or (3) (including if these provisions are applied mutatis mutandis pursuant to Article 59-2) or Article 60-5, paragraph (1) or (3) (including if these provisions are applied mutatis mutandis pursuant to Article 61-3);

when the person has failed to report or falsely reported pursuant to the provisions of Article 63, paragraph (1) (including if it is applied mutatis mutandis pursuant to Article 70-20; the same apply hereinafter in this item), or has refused, obstructed, or evaded inspection pursuant to the provisions of the same paragraph; or

when the person has undertaken operation, in breach of an order pursuant to the provisions of Article 64, paragraph (2) (including if it is applied mutatis mutandis pursuant to Article 70-20), or Article 64-2, paragraph (1).

A person who has violated the provisions of Article 40 or Article 70-5, paragraph (4) or (5) is subject to a civil fine of up to 100,000 yen.