Medical Care Act

In order to implement the activities necessary to ensure the medical care listed in Article 30-4, paragraph (2), item (v), (b) or (c) (hereinafter referred to as "activities to ensure disaster and infectious disease medical care" in this Section), a prefectural governor is to consult with the administrator of a hospital or clinic situated within the boundaries of the relevant prefecture, and when agreement is reached, is to conclude an agreement that includes the following particulars in its contents (hereinafter referred to as an "agreement" in this Article and Article 30-12-8, paragraph (1)):

a request by the prefectural governor for the dispatch of a disaster and infectious disease medical care worker, or a team of disaster and infectious disease medical care workers (hereinafter referred to as a "medical team" in this Article and Article 30-12-8, paragraph (1)), in relation to activities to ensure disaster and infectious disease medical care, and matters relating to the dispatch pursuant to that request;

in the case where a disaster and infectious disease medical care worker or a medical team is dispatched, in response to a request for dispatch by a prefectural governor, in order to provide support in relation to activities to ensure disaster and infectious disease medical care implemented by another prefectural governor, that fact;

the content of the operations to be carried out by the disaster and infectious disease medical care workers or medical teams dispatched pursuant to the provisions of the preceding two items;

the method of bearing the costs required for the dispatch pursuant to the provisions of item (i) or item (ii);

the period of validity of the agreement;

measures to be taken in the case of violation of the agreement; and

other matters necessary for the implementation of the agreement that are specified by Order of the Ministry of Health, Labour and Welfare.

An agreement concluded pursuant to the provisions of the preceding paragraph may be concluded as an integral part of the medical care measures agreement prescribed in Article 36-3, paragraph (1) of the Act on the Prevention of Infectious Diseases and Medical Care for Patients with Infectious Diseases.

When a prefectural governor finds it necessary for implementing activities to ensure disaster and infectious disease medical care, the governor may, as provided by Order of the Ministry of Health, Labour and Welfare, request the administrator of a hospital or clinic that has concluded an agreement (hereinafter referred to as a "hospital, etc. that has concluded an agreement" in this Article) to report on the status of the dispatch of disaster and infectious disease medical care workers or medical teams under the agreement and other matters.

The administrator of a hospital, etc. that has concluded an agreement must comply with a request from the prefectural governor under the provisions of the preceding paragraph, except where there is a justifiable reason.

When a prefectural governor has received a report under the provisions of paragraph (3), the governor must, as provided by Order of the Ministry of Health, Labour and Welfare, report to the Minister of Health, Labour and Welfare the matters specified by Order of the Ministry of Health, Labour and Welfare concerning the status of the dispatch of the disaster and infectious disease medical care workers or medical teams, and other matters, reported pursuant to the provisions of that paragraph.

Where a prefectural governor has requested, pursuant to the provisions of paragraph (3), the administrator of a hospital, etc. that has concluded an agreement to report on the status of the dispatch of disaster and infectious disease medical care workers or medical teams and other matters, and the administrator has made the report by electronic or magnetic means whose content can be viewed by the administrator, the prefectural governor, and the Minister of Health, Labour and Welfare, the prefectural governor who received the report is deemed to have made the report under the provisions of the preceding paragraph.

When the Minister of Health, Labour and Welfare finds it necessary with regard to matters reported under the provisions of paragraph (5) (including cases deemed to have been reported pursuant to the provisions of the preceding paragraph), the Minister may provide the relevant prefectural governor with advice and other necessary assistance.

When a prefectural governor finds that the administrator of a hospital, etc. that has concluded an agreement has not, without justifiable grounds, taken measures under the agreement, the governor may recommend to the administrator that they take those measures.

When the administrator of a hospital, etc. that has concluded an agreement does not comply with the recommendation under the preceding paragraph without justifiable grounds, the prefectural governor may instruct the administrator to take those measures.

When a prefectural governor has given an instruction under the preceding paragraph and the administrator of the hospital, etc. that has concluded an agreement who received the instruction has not complied with it, the governor may make public that fact.

In addition to what is provided for in the preceding paragraphs, necessary matters concerning agreements are prescribed by Order of the Ministry of Health, Labour and Welfare.

The national government is to provide disaster and infectious disease medical care workers with opportunities for training and drills on operations relating to activities to ensure disaster and infectious disease medical care, and other necessary assistance.

A prefecture is to endeavor to provide disaster and infectious disease medical care workers with opportunities for training and drills on operations relating to activities to ensure disaster and infectious disease medical care, and other necessary assistance.

The national government is to endeavor to provide prefectures with advice and other necessary assistance so that the affairs relating to disaster and infectious disease medical care workers that prefectures carry out are implemented smoothly.

Except where there is a special provision in laws and regulations or where special measures are taken within the scope of the budget, the costs required for the dispatch of disaster and infectious disease medical care workers or medical teams under an agreement are to be defrayed by the prefecture.

A prefecture may claim reimbursement from another prefecture for those of the costs prescribed in the preceding paragraph that it defrayed for support provided in relation to activities to ensure disaster and infectious disease medical care implemented by the governor of that other prefecture.

In addition to what is provided for in this Section, necessary matters concerning securing personnel for activities to ensure disaster and infectious disease medical care, etc. are prescribed by Order of the Ministry of Health, Labour and Welfare.

The administrator of a hospital with beds other than infectious disease hospital beds and tuberculosis hospital beds or of a clinic with long-term care beds or general beds must, in order to promote the differentiation and coordination of medical institution functions and bed functions in the community, as provided by an Order of the Ministry of Health, Labour and Welfare, report the following particulars to the governor of the prefecture where the hospital or clinic is located, in accordance with the classification specified by an Order of the Ministry of Health, Labour and Welfare according to the medical institution functions of the hospital or clinic and the classification specified by an Order of the Ministry of Health, Labour and Welfare according to bed functions (hereinafter referred to as the "functional classification of beds"):

the medical institution functions on the date specified by an Order of the Ministry of Health, Labour and Welfare (referred to as the "reference date" in the following item through item (iv));

the medical institution functions expected on the day when the period specified by an Order of the Ministry of Health, Labour and Welfare from the reference date has elapsed (referred to as "medical institution functions after the reference date" in the following paragraph);

the bed functions on the reference date (hereinafter referred to as the "reference date bed functions");

the bed functions expected on the day when the period specified by the Order of the Ministry of Health, Labour and Welfare set forth in item (ii) from the reference date has elapsed (hereinafter referred to as the "bed functions after the reference date");

details of medical care to be provided to patients hospitalized in the relevant hospital or clinic; and

other particulars specified by an Order of the Ministry of Health, Labour and Welfare.

The administrator of a hospital or clinic prescribed in the preceding paragraph (hereinafter referred to as a "hospital, etc. subject to a report on medical institution functions, etc."), when the medical institution functions after the reference date or the bed functions after the reference date reported under the provisions of that paragraph are deemed to have changed, as specified by an Order of the Ministry of Health, Labour and Welfare, must immediately report to the governor of the prefecture where the relevant hospital, etc. subject to a report on medical institution functions, etc. is situated, pursuant to an Order of the Ministry of Health, Labour and Welfare.

When the prefectural governor finds it necessary in order to confirm the contents of the report prescribed in the preceding two paragraphs, the governor may request municipalities and other public offices to provide necessary information concerning hospitals, etc. subject to a report on medical institution functions, etc. located within the area of the relevant prefecture.

The prefectural governor, pursuant to the provisions of an Order of the Ministry of Health, Labour and Welfare, must publicize the particulars reported in accordance with the provisions of paragraphs (1) and (2).

When the administrator of a hospital, etc. subject to a report on medical institution functions, etc. has failed to make a report pursuant to the provisions of paragraph (1) or (2) or has made a false report, the prefectural governor may order the establisher of the relevant hospital, etc. subject to a report on medical institution functions, etc. to have the relevant administrator make a report or correct the contents of the report, by setting a period of time.

If the prefectural governor has issued an order pursuant to the provisions of the preceding paragraph, if the establisher of a hospital, etc. subject to a report on medical institution functions, etc. who has received the relevant order fails to comply with it, the prefectural governor may make a public announcement to that effect.

When it falls under the cases specified by an Order of the Ministry of Health, Labour and Welfare as cases where it is found necessary to take measures to promote the differentiation and coordination of medical institution functions or bed functions in the community, based on the details of a report under the provisions of paragraph (1) or (2), the prefectural governor may request the establisher or administrator of the hospital, etc. subject to a report on medical institution functions, etc. that made the report to change the details of the report.

The establisher or administrator of a hospital, etc. subject to a report on medical institution functions, etc. must endeavor to respond when requested by the prefectural governor under the provisions of the preceding paragraph.

The prefecture is to establish a place of consultation (hereinafter referred to as the "place of consultation" except for paragraphs (4) and (5), Article 30-18-4, paragraph (3), Article 30-18-5, paragraphs (1) and (2), Article 30-18-6, paragraphs (4) and (5), and Article 30-23, paragraph (1)) for consultation with those of the municipalities, organizations of academic experts on medical treatment, other medical experts, medical insurers, and other related parties that are specified by an Order of the Ministry of Health, Labour and Welfare (hereinafter referred to as "related parties" in this paragraph and the following paragraph) in each of the vision areas and other areas that the governor of the relevant prefecture deems appropriate (referred to as the "vision area, etc." in paragraph (4), Article 30-16, paragraph (1) and Article 30-18-5, paragraph (5)), and, in cooperation with related parties, is to hold consultations on measures to promote the differentiation and coordination of medical institution functions in light of the outlook for future medical institution functions specified in the regional medical care vision, measures to achieve the future requirements for the number of beds, and other particulars necessary to promote the achievement of the regional medical care vision.

When related parties are requested by the prefecture to participate in a consultation conducted by the prefecture pursuant to the provisions of the preceding paragraph, they is to endeavor to cooperate by participating in it, and must also endeavor to cooperate in the implementation of particulars which related parties have agreed upon at the place of such consultation.

In order to promote the achievement of the regional medical care vision, a person who has filed an application prescribed in Article 7, paragraph (5) must endeavor to respond to a request made by the prefectural governor to participate in a consultation at the place of consultation, with regard to the establishment of a hospital or an increase in the number of beds or a change in the bed classifications of a hospital, or the establishment of beds in a clinic or an increase in the number of beds or a change in the bed classifications of a clinic pertaining to the relevant application.

When the vision area, etc. coincides with the target area prescribed in Article 30-18-5, paragraph (1), the prefecture may, in lieu of the consultation set forth in paragraph (1) in the relevant vision area, etc., hold consultations on the particulars necessary to promote the achievement of the regional medical care vision (limited to those related to ensuring the medical care delivery system for outpatient medical care) at the place of consultation prescribed in paragraph (1) of the same Article in the relevant target area.

Related parties as prescribed in Article 30-18-5, paragraph (1), when requested by the prefecture to participate in a consultation conducted by the prefecture pursuant to the provisions of the preceding paragraph, are to endeavor to cooperate by participating in it, and must also endeavor to cooperate in the implementation of particulars which related parties have agreed upon at the place of such consultation.