Medical Care Act

A general incorporated association that falls under any of the following is not eligible to receive approval for medical coordination promotion:

any of its directors and auditors falls under any of the following:

in the case where a regional medical coordination promotion corporation (which means a regional medical coordination promotion corporation prescribed in paragraph (1) of the following Article) has had its approval for medical coordination promotion rescinded pursuant to the provisions of Article 70-21, paragraph (1) or (2), a person who was a director engaged in the operations of the relevant regional medical coordination promotion corporation within one year prior to the day on which the fact that caused the rescission occurred and for whom five years have not yet elapsed from the day of the rescission;

a person sentenced to a fine or severer punishment pursuant to the provisions of this Act or other laws concerning healthcare or social welfare that are specified by a Cabinet Order for whom five years have not passed from the day on which the execution of the sentence was completed or the sentence became no longer applicable;

a person sentenced to imprisonment or severer punishment for whom five years have not passed from the day on which the execution of the sentence was completed or the sentence became no longer applicable;

a person who is a member of an organized crime group prescribed in item (vi) of Article 2 of the Act on Prevention of Unjust Acts by Organized Crime Group Members (Act No. 77 of 1991) (hereinafter referred to as an "organized crime group member" in this item) or a person for whom five years have not passed from the day on which the person ceased to be an organized crime group member (referred to as an "organized crime group member, etc." in item (iii));

a general incorporated association which has had its approval for medical coordination promotion rescinded pursuant to the provisions of Article 70-21, paragraph (1) or (2) and for which five years have not passed from the date of such rescission; or

a general incorporated association whose business activities are controlled by an organized crime group member, etc.

A general incorporated association that has obtained approval for medical coordination promotion (hereinafter referred to as a "regional medical coordination promotion corporation") must use the words "regional medical coordination promotion corporation" in its name.

A regional medical coordination promotion corporation is deemed to have amended its articles of incorporation to change the words "general incorporated association" in its name to "regional medical coordination promotion corporation".

A written application for registration of the change of name pursuant to the provisions of the preceding paragraph is accompanied by a document certifying that the corporation has obtained approval for medical coordination promotion.

A person who is not a regional medical coordination promotion corporation must not use the words in its name or trade name that may be misunderstood as a regional medical coordination promotion corporation.

A regional medical coordination promotion corporation must not use a name or trade name that may be misunderstood as another regional medical coordination promotion corporation for wrongful purposes.

When a prefectural governor has granted approval for medical coordination promotion, the prefectural governor must make a public announcement to that effect pursuant to the provisions of an Order of the Ministry of Health, Labour and Welfare.

A regional medical coordination promotion corporation must voluntarily strengthen its operational base, promote coordination of operations of participating corporations, etc. that establish hospitals, etc. or establish or manage facilities or offices pertaining to nursing care business, etc. in the medical coordination promotion area, and ensure transparency of the management thereof, thereby endeavoring to play an active role that contributes to the achievement of the regional medical care vision and the establishment of the community-based integrated care system.

A regional medical coordination promotion corporation, only when the particulars prescribed in Article 70-2, paragraph (4) are stated in the medical coordination promotion policy, in accordance with the medical coordination promotion policy, may conduct business aimed at promoting coordination of operations of hospitals, etc. established by participating corporations, etc. and those of facilities or offices established or managed by participating corporations, etc. and engaged in nursing care business, etc.

A regional medical coordination promotion corporation (excluding a regional medical coordination promotion corporation whose articles of incorporation stipulate that it does not carry out the operations and investments set forth in Article 70, paragraph (2), item (iii)) may make investments only where it falls under the following requirements:

the business operator receiving the investment is engaged in a business related to the medical coordination promotion operations in the medical coordination promotion area;

the investment profit is to be used in the medical coordination promotion operations; and

other requirements specified by an Order of the Ministry of Health, Labour and Welfare as unlikely to hinder the implementation of the medical coordination promotion operations are met.

When a regional medical coordination promotion corporation intending to establish a hospital, etc. (including management of a public hospital, etc. conducted as a designated administrator as set forth in Article 244-2, paragraph (3) of the Local Autonomy Act), or establish or manage a facility or office specified by an Order of the Ministry of Health, Labour and Welfare and engaged in nursing care business, etc., must receive prior confirmation from the prefectural governor who has granted approval for medical coordination promotion (hereinafter referred to as the "prefectural governor having granted approval" in this Chapter) that it will pose no obstacle to the implementation of the medical coordination promotion operations.

A regional medical coordination promotion corporation may not apply for permission to establish a hospital, permission under Article 62, paragraph (2) of the Social Welfare Act (limited to that pertaining to the establishment of facilities specified by an Order of the Ministry of Health, Labour and Welfare), or any other permission specified by an Order of the Ministry of Health, Labour and Welfare without receiving the confirmation set forth in the preceding paragraph.

Prior to making a disposition with regards to making the confirmation or not under paragraph (3), the prefectural governor must hear the opinions of the Prefectural Council on Medical Service Facilities in advance.

The provisions of Article 18 of the Act on Authorization of Public Interest Incorporated Associations and Public Interest Incorporated Foundations (Act No. 49 of 2006) apply mutatis mutandis to a regional medical coordination promotion corporation. In this case, the term "business property for public interest purposes" in the same Article is replaced with "business property for the purpose of medical coordination promotion", the term "business for public interest purposes" is replaced with "medical coordination promotion operations set forth in Article 70, paragraph (2) of the Medical Care Act (Act No. 205 of 1948) (hereinafter referred to as "medical coordination promotion operations" in this Article)", the term "Cabinet Office Order" is replaced with "Order of the Ministry of Health, Labour and Welfare", the term "approval for public interest" in item (i) of the same Article is replaced with "approval for medical coordination promotion set forth in Article 70-2, paragraph (1) of the Medical Care Act (hereinafter referred to as "approval for medical coordination promotion" in this Article)", the term "business for public interest purposes" is replaced with "medical coordination promotion operations", the term "approval for public interest" in items (ii) and (iii) of the same Article is replaced with "approval for medical coordination promotion", the term "business for public interest purposes" is replaced with "medical coordination promotion operations", the term "approval for public interest" in item (iv) of the same Article is replaced with "approval for medical coordination promotion", the term "profit-making businesses, etc." is replaced with "businesses other than medical coordination promotion operations", the term "Cabinet Office Order" is replaced with "Order of the Ministry of Health, Labour and Welfare", the term "approval for public interest" in item (vii) of the same Article is replaced with "approval for medical coordination promotion", the term "Cabinet Office Order" is replaced with "Order of the Ministry of Health, Labour and Welfare", the term "business for public interest purposes" is replaced with "medical coordination promotion operations", the term "business for public interest purposes" in item (viii) of the same Article is replaced with "medical coordination promotion operations", and the term "Cabinet Office Order" is replaced with "Order of the Ministry of Health, Labour and Welfare".

The provisions of Article 41 apply mutatis mutandis to a regional medical coordination promotion corporation. In this case, the term "scale, etc. of the medical institutions established by the medical corporation" in paragraph (2) of the same Article is replaced with "medical coordination promotion operations prescribed in Article 70, paragraph (2) conducted by a regional medical coordination promotion corporation prescribed in Article 70-5, paragraph (1)".

A participating corporation, etc. must display a mark at participating hospitals, etc. and participating nursing care facilities, etc. it establishes to indicate that the coordination of operations of the relevant participating hospitals, etc. and participating nursing care facilities, etc. is being promoted in accordance with the medical coordination promotion policy.

The provisions of Article 46-5-3, paragraph (3) apply mutatis mutandis to the directors of a regional medical coordination promotion corporation, and the provisions of Article 46-5, paragraph (9) and Article 46-5-3, paragraph (3) apply mutatis mutandis to the auditors of a regional medical coordination promotion corporation.

When applying the provisions of Article 100 of the Act on General Incorporated Associations and General Incorporated Foundations to the auditors of a regional medical coordination promotion corporation, the term "directors (in the case of a general incorporated association with a board of directors, the board of directors)" in the same Article is replaced with "prefectural governor having granted approval (referred to the prefectural governor having granted approval prescribed in Article 70-8, paragraph (3) of the Medical Care Act (Act No. 205 of 1948)), the general meeting of members, or the board of directors".

A regional medical coordination promotion corporation must publicize the results of the evaluation set forth in Article 70-3, paragraph (1), item (xvii), (c).

A regional medical coordination promotion corporation is to respect the opinions of the council for regional medical coordination promotion set forth in Article 70-3, paragraph (1), item (xvii), (c).

The provisions of Section 4 of the preceding Chapter (excluding Article 50, Article 50-2, Article 51-2, paragraph (5) and Article 51-4, paragraph (1)) apply mutatis mutandis to the accounting of a regional medical coordination promotion corporation. In this case, the term "report on the status of transactions with related business operators" in Article 51, paragraph (1) is replaced with "report on the status of transactions with related business operators, a report on the status of support set forth in Article 70, paragraph (2), item (iii), and a report on the status of investment set forth in Article 70-8, paragraph (2)", the term "medical corporation (limited to those that meet the standards specified by an Order of the Ministry of Health, Labour and Welfare in consideration of the scale of their business activities and other circumstances)" in paragraph (2) of the same Article is replaced with "regional medical coordination promotion corporation", the term "medical corporation set forth in paragraph (2)" in paragraph (5) of the same Article is replaced with "regional medical coordination promotion corporation (excluding, among regional medical coordination promotion corporations whose articles of incorporation stipulate that they do not carry out the operations and investments set forth in Article 70, paragraph (2), item (iii), those that do not meet the standards specified by an Order of the Ministry of Health, Labour and Welfare in consideration of the scale of their business activities and other circumstances (hereinafter referred to as "specified regional medical coordination promotion corporations"))", the term "medical corporation (limited to those that meet the standards specified by an Order of the Ministry of Health, Labour and Welfare in consideration of the scale of their business activities and other circumstances; the same applies in the following paragraph)" in Article 51-3, paragraph (1) is replaced with "regional medical coordination promotion corporation", the term "general meeting of members or the board of councillors that gave the approval under paragraph (3) of the same Article as applied mutatis mutandis by replacing the terms pursuant to paragraph (5) of the same Article, without delay after the close of the meeting, that paragraph (including as applied mutatis mutandis by replacing the terms pursuant to paragraph (5) of the same Article)" in the same paragraph is replaced with "general meeting of members, without delay after its close, that paragraph", the term "social medical corporation and a medical corporation set forth in Article 51, paragraph (2) (excluding social medical corporations)" in Article 51-4, paragraph (2) is replaced with "regional medical coordination promotion corporation", the term "documents (in the case of documents listed in item (ii), limited to medical corporations set forth in Article 51, paragraph (2))" is replaced with "documents (in the case of a specified regional medical coordination promotion corporation, excluding the documents listed in item (ii))", the term "documents listed in each item of the preceding paragraph" in item (i) of the same paragraph is replaced with "business report, etc., audit report set forth in Article 46-8, item (iii) and the articles of incorporation", the term "auditor's audit report" in paragraph (3) of the same Article is replaced with "audit report set forth in Article 46-8, item (iii)", the term "preceding three paragraphs" in paragraph (4) of the same Article is replaced with "preceding two paragraphs", the term "documents" in Article 52, paragraph (1) is replaced with "documents (in the case of a specified regional medical coordination promotion corporation, excluding the documents listed in item (iii))", the term "auditor's audit report" in item (ii) of the same paragraph is replaced with "audit report set forth in Article 46-8, item (iii)", and the term "in the case of a medical corporation set forth in Article 51, paragraph (2), the audit report of a certified public accountant, etc." in item (iii) of the same paragraph is replaced with "the audit report of a certified public accountant, etc.".