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Chapter IX Application for Examination第九章 審査請求
Article 91第九十一条
Application for Examination(審査請求)
Article 91, paragraph (1)
A person who is dissatisfied with any action with respect to an insurance benefit (including action in response to a request pursuant to the provisions of Article 9, paragraphs (2) and (4)) or any action with respect to insurance premiums or any other money collected pursuant to the provisions of this Act may file an application for examination with the National Health Insurance Examination Board.
An application for examination as referred to in the preceding paragraph shall be deemed to be a judicial claim in terms of postponement of the completion and renewal of prescription.
前項の審査請求は、時効の完成猶予及び更新に関しては、裁判上の請求とみなす。
Article 92第九十二条
Establishment of an Examination Board(審査会の設置)
Article 92, paragraph (1)
Each prefecture shall have a National Health Insurance Examination Board (hereinafter referred to as an "Examination Board").
国民健康保険審査会(以下「審査会」という。)は、各都道府県に置く。
Article 93第九十三条
Organization(組織)
Article 93, paragraph (1)
Examination Boards shall be composed of three committee members representing insured persons, three committee members representing Insurers, and three committee members representing the public interest.
Committee members shall serve on a part-time basis.
委員は、非常勤とする。
Article 94第九十四条
Term of Office of Committee Members(委員の任期)
Article 94, paragraph (1)
The term of office of committee members shall be three years; provided, however, that the term of office of a substitute committee member shall be the remaining term of said member's predecessor.
委員の任期は、三年とする。ただし、補欠の委員の任期は、前任者の残任期間とする。
Article 94, paragraph (2)
Committee members may be reappointed.
委員は、再任されることができる。
Article 95第九十五条
Chairperson(会長)
Article 95, paragraph (1)
The Examination Board shall have one chairperson to be elected by the committee members from among the committee members representing the public interest.
審査会に、公益を代表する委員のうちから委員が選挙する会長一人を置く。
Article 95, paragraph (2)
When the chairperson is unable to perform their duties, a person elected in accordance with the provisions of the preceding paragraph shall perform the duties of the chairperson on their behalf.
会長に事故があるときは、前項の規定に準じて選挙された者が、その職務を代行する。
Article 96第九十六条
Quorum(定足数)
Article 96, paragraph (1)
The Examination Board may not commence proceedings or make any resolution without the attendance of a majority of committee members including one or more committee members representing insured persons, one or more committee members representing Insurers and one or more committee members representing the public interest.
Examination Board decisions shall be made by a majority of the committee members present and, in the case of a tie, the chairman shall reach a verdict on said tie.
審査会の議事は、出席した委員の過半数をもつて決し、可否同数のときは、会長の決するところによる。
Article 98第九十八条
Examination Board of Competent Jurisdiction(管轄審査会)
Article 98, paragraph (1)
An application for examination must be filed with the Examination Board of the prefecture governing the location of the Municipality or Society which took the relevant action (or, in the case of action taken pursuant to the provisions of Article 80, paragraph (3), the Municipality which took such action).
When an Examination Board lacks jurisdiction over the matters for which an application for examination has been filed with said Examination Board, it must promptly transfer the case to the Examination Board of the competent jurisdiction and must also notify the person who filed the application for examination of such transfer.
When a case is transferred, the application for examination shall be deemed to have been filed originally with the Examination Board to which such case is transferred.
事件が移送されたときは、はじめから、移送を受けた審査会に審査請求があつたものとみなす。
Article 99第九十九条
Term and Means of Application for Examination(審査請求の期間及び方式)
Article 99, paragraph (1)
An application for examination must be filed in writing or orally within a period of three months from the day following the date that the relevant action was taken, to the applicant's knowledge; provided, however, that this shall not apply if the applicant makes a prima facie showing that an application could not have been filed within such period for a justifiable reason.
Notice to Municipalities or Societies(市町村又は組合に対する通知)
Article 100, paragraph (1)
When an application for examination has been filed, the Examination Board must, except in the case where it dismisses the application for examination pursuant to Article 24 of the Administrative Complaint Review Act (Act No. 68 of 2014), notify the Municipality or Society that took the original action and other interested persons.
When the Examination Board finds it necessary to conduct proceedings, it may request a report or an opinion from the person who filed the application for examination or any person concerned, may order any of these persons to appear for inquiry, or may direct a physician or dentist to perform a diagnosis or examination.
To any person concerned who appeared at the Examination Board or any physician or dentist who performed diagnosis or examination pursuant to the provisions of the preceding paragraph, the prefecture must pay said person's travel expenses, daily expenses and accommodation expenses or remuneration pursuant to Cabinet Order provisions.
In addition to what is provided for in this Chapter and the Administrative Complaint Review Act, necessary particulars concerning the Examination Board and the procedures for filing an application for examination shall be prescribed by Cabinet Order.
Relationship between Application for Examination and Litigation(審査請求と訴訟との関係)
Article 103, paragraph (1)
No action for revocation of the action set forth in Article 91, paragraph (1) may be filed until a determination has been made on an application for examination of such action.