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Chapter IV Insurance Benefits第四章 保険給付
Section 1 Benefits for Medical Treatment, etc.第一節 療養の給付等
Article 36第三十六条
Benefits for Medical Treatment(療養の給付)
Article 36, paragraph (1)
Municipalities and Societies shall pay benefits for the types of medical treatment listed in the following items with respect to an insured person's illness and injury; provided, however, that this shall not apply during any period in which the Householder or Society member of the household to which such insured person belongs is subject to the application of Article 54-3, paragraph (1) or the main clause of paragraph (2) with respect to such insured person:
provision of medication or materials for medical treatment;
薬剤又は治療材料の支給
Article 36, paragraph (1), item (iii)
treatment, operations or any other medical treatment;
処置、手術その他の治療
Article 36, paragraph (1), item (iv)
in-home medical care management as well as caretaking and any other nursing involved in in-home medical care;
居宅における療養上の管理及びその療養に伴う世話その他の看護
Article 36, paragraph (1), item (v)
hospitalization or visiting a clinic, and caretaking and other nursing incidental to medical treatment provided there.
病院又は診療所への入院及びその療養に伴う世話その他の看護
Article 36, paragraph (2)
Benefits for the following types of medical treatment shall not be included in the benefits set forth in the preceding paragraph:
次に掲げる療養に係る給付は、前項の給付に含まれないものとする。
Article 36, paragraph (2), item (i)
medical treatment which consists of the provision of meals and is given in combination with the type of medical treatment listed in item (v) of the preceding paragraph (excluding hospitalization in a sanatorium ward as set forth in Article 7, paragraph (2), item (iv) of the Medical Treatment Act (Act No. 205 of 1948) and care and other nursing incidental to the medical treatment there which is provided to an insured person whose 65th birthday is on any month before the month in which said person receives the relevant medical treatment (hereinafter referred to as a "Person Specified as Hospitalized Long-term and Insured")) (hereinafter referred to as "Dietary Treatment");
the following types of medical treatment given in combination with the type of medical treatment listed in item (v) of the preceding paragraph (limited to medical treatment provided to a Person Specified as Hospitalized Long-term and Insured; hereinafter referred to as "Living Support"):
medical treatment consisting of the provision of meals;
食事の提供たる療養
Article 36, paragraph (2), item (ii), (b)
medical treatment consisting of the creation of an appropriate environment for medical treatment in terms of temperature, lighting and water supply;
温度、照明及び給水に関する適切な療養環境の形成たる療養
Article 36, paragraph (2), item (iii)
evaluation treatment (meaning the evaluation treatment as set forth in Article 63, paragraph (2), item (iii) of the Health Insurance Act; hereinafter the same shall apply);
評価療養(健康保険法第六十三条第二項第三号に規定する評価療養をいう。以下同じ。)
Article 36, paragraph (2), item (iv)
patient-requested treatment (meaning the patient-requested treatment as set forth in Article 63, paragraph (2), item (iv) of the Health Insurance Act; hereinafter the same shall apply);
患者申出療養(健康保険法第六十三条第二項第四号に規定する患者申出療養をいう。以下同じ。)
Article 36, paragraph (2), item (v)
selective treatment (meaning the selective treatment as set forth in Article 63, paragraph (2), item (v) of the Health Insurance Act; hereinafter the same shall apply).
選定療養(健康保険法第六十三条第二項第五号に規定する選定療養をいう。以下同じ。)
Article 36, paragraph (2), item (vi)
treatment partially outside insurance coverage (meaning the treatment partially outside insurance coverage as set forth in Article 63, paragraph (2), item (vi) of the Health Insurance Act; hereinafter the same shall apply).
一部保険外療養(健康保険法第六十三条第二項第六号に規定する一部保険外療養をいう。以下同じ。)
Article 36, paragraph (3)
When an insured person seeks to receive the benefits set forth in paragraph (1), the insured person is to receive confirmation of being an insured person from the Health Insurance-Covered Medical Institution, etc. of the insured person's choice (meaning a Health Insurance-Covered Medical Institution (meaning the Health Insurance-Covered Medical Institution prescribed in Article 63, paragraph (3), item (i) of the Health Insurance Act; hereinafter the same applies) or the health insurance-covered pharmacy prescribed in that item; hereinafter the same applies) by electronic eligibility confirmation (meaning that a person seeking to receive medical treatment from a Health Insurance-Covered Medical Institution, etc., a person seeking to receive designated home nursing prescribed in Article 54-2, paragraph (1) from a designated home-nursing provider prescribed in that paragraph, or a person seeking to receive delivery care from a delivery-handling medical institution providing services covered by health insurance (meaning the delivery-handling medical institution providing services covered by health insurance prescribed in Article 58, paragraph (3) of the Health Insurance Act; hereinafter the same applies) or a designated birthing center (meaning the designated birthing center prescribed in Article 98-2, paragraph (1), item (i) of the Health Insurance Act; hereinafter the same applies), makes an inquiry to a Municipality or Society about information pertaining to eligibility as an insured person (including information necessary for claims for expenses pertaining to insurance benefits) by a method of transmitting an electronic certificate for user verification (meaning the electronic certificate for user verification prescribed in Article 22, paragraph (1) of the Act on Certification Business of the Japan Agency for Local Authority Information Systems in Relation to Electronic Signatures, etc. (Act No. 153 of 2002)) recorded on an Individual Number Card (meaning the Individual Number Card prescribed in Article 2, paragraph (7) of the Act on the Use of Numbers to Identify a Specific Individual in Administrative Procedures (Act No. 27 of 2013)) or by any other method specified by Order of the Ministry of Health, Labour and Welfare, receives a response from the Municipality or Society by a method using an electronic data processing system or other method using information and communications technology, provides that information to the Health Insurance-Covered Medical Institution, etc., designated home-nursing provider, or delivery-handling medical institution providing services covered by health insurance or designated birthing center, and receives confirmation of being an insured person from that Health Insurance-Covered Medical Institution, etc., designated home-nursing provider, or delivery-handling medical institution providing services covered by health insurance or designated birthing center; hereinafter the same applies) or by any other method specified by Order of the Ministry of Health, Labour and Welfare (hereinafter referred to as "electronic eligibility confirmation, etc."), and then to receive the benefits set forth in paragraph (1); provided, however, that this confirmation is not required if the case falls under a case specified by Order of the Ministry of Health, Labour and Welfare.
Responsibilities of Health Insurance-Covered Medical Institutions, etc.(保険医療機関等の責務)
Article 40, paragraph (1)
The rules applicable in cases where a health insurance-covered medical institution, etc. or a health insurance-covered physician or health insurance-covered pharmacist (meaning the health insurance-covered physician or health insurance-covered pharmacist as set forth in Article 64 of the Health Insurance Act; hereinafter the same shall apply) shall be in charge of benefits for medical treatment under a national health insurance program or shall provide medical care or prescription service under a national health insurance program, shall be governed by the same rules as those in the Order of the Ministry of Health, Labour and Welfare under Article 70, paragraph (1) and Article 72, paragraph (1) of that Act.
In the case referred to in the preceding paragraph, when it is difficult or is not found appropriate for Ordinance of Ministry of Health, Labour and Welfare set forth in the same paragraph to govern such rules, said rules shall be prescribed by another Ordinance of the Ministry of Health, Labour and Welfare.
Guidance by the Minister of Health, Labour and Welfare or Prefectural Governor(厚生労働大臣又は都道府県知事の指導)
Article 41, paragraph (1)
Guidance by the Minister of Health, Labour and Welfare or the prefectural governor must be received by Health Insurance-Covered Medical Institutions, etc. with respect to benefits for medical treatment and by health insurance-covered physicians and health insurance-covered pharmacists with respect to medical care or prescription service provided under a national health insurance program.
In cases where the guidance set forth in the preceding paragraph is provided, the Minister of Health, Labour and Welfare or the prefectural governor shall, when finding it necessary, have a person(s) with knowledge and experience of medical care or prescription service attend such guidance in accordance with the designation by concerned organizations; provided, however, that this shall not apply where such concerned organizations make no such designation or where the person(s) so designated fail to attend.
Co-payment in Cases Where Benefits for Medical Treatment Are Received(療養の給付を受ける場合の一部負担金)
Article 42, paragraph (1)
A person who receives benefit for medical treatment in relation to an Health Insurance-Covered Medical Institution, etc. pursuant to the provisions of Article 36, paragraph (3) shall pay, in accordance with the categories listed in the following items, an amount obtained by multiplying the amount calculated pursuant to the provisions of Article 45, paragraph (2) or (3) with respect to such benefit by the ratio listed in the relevant item below, as said person's co-payment to such Health Insurance-Covered Medical Institution, etc. when receiving such benefit:
in cases where the first March 31 after said person's 6th birthday has passed and the month in which said person's 70th birthday is has not yet started:0.3;
in cases where the first March 31 after said person's 6th birthday has not yet passed:0.2;
六歳に達する日以後の最初の三月三十一日以前である場合 十分の二
Article 42, paragraph (1), item (iii)
in cases where the month in which said person's 70th birthday is has elapsed (excluding the case listed in the following item):0.2;
七十歳に達する日の属する月の翌月以後である場合(次号に掲げる場合を除く。) 十分の二
Article 42, paragraph (1), item (iv)
in cases where the month in which said person's 70th birthday is has elapsed and where the amount of income calculated pursuant to Cabinet Order provisions with respect to the insured persons (limited to persons whose 70th birthday is in any month before the current month and other persons specified by Cabinet Order) who belong to the household to which the person who receives such benefit for medical treatment belongs is not less than the amount specified by Cabinet Order:0.3.
A health insurance-covered medical institution, etc. shall receive the co-payment set forth in the preceding paragraph (or, when the ratio of co-payment is reduced pursuant to the provisions of Article 43, paragraph (1), the co-payment calculated in accordance with the ratio after such reduction in the case of a health insurance-covered medical institution, etc. set forth in paragraph (2) of the same Article or, when the measure set forth in Article 44, paragraph (1), item (i) is taken, the co-payment after the relevant reduction) and, when an insured person fails to make all or part of such co-payment despite efforts of the health insurance-covered medical institution, etc. to receive such payment with the same care as due care of a prudent manager, Municipalities and Societies may impose a disposition on such insured person pursuant to the same rules as those for the monies to be collected pursuant to the provisions of this Act, at the request of such health insurance-covered medical institution, etc.
In cases where co-payment shall be made pursuant to the provisions of paragraph (1) of the preceding Article, any fraction of less than five yen in the amount of co-payment set forth in the same paragraph shall be rounded down to the nearest ten yen, whereas any fraction of more than five yen and less than ten yen shall be rounded up to the nearest ten yen.
Municipalities and Societies may, pursuant to Cabinet Order provisions, reduce the ratio of co-payment set forth in Article 42, paragraph (1) by Municipal Ordinance or by constitution.
When the ratio of co-payment is reduced pursuant to the provisions of the preceding paragraph, it shall be sufficient for an insured person who receives benefits for medical treatment in relation to one of the health insurance-covered medical institutions, etc. designated by a Municipality or Society with the consent of their respective establishers, to pay co-payment calculated in accordance with the ratio after such reduction to such health insurance-covered medical institution, etc., notwithstanding the provisions of Article 42, paragraph (1).
In cases where the ratio of co-payment has been reduced pursuant to the provisions of paragraph (1) and when an insured person has received benefits for medical treatment at or from a health insurance-covered medical institution, etc. which is not one of those set forth in the preceding paragraph, Municipalities and Societies must pay to such insured person the difference between the amount of co-payment paid by such insured person to the health insurance-covered medical institution, etc. pursuant to the provisions of Article 42, paragraph (1) and the amount of co-payment calculated pursuant to the ratio after the reduction made pursuant to the provisions of paragraph (1).
The provisions of the preceding Article shall apply mutatis mutandis to the making of co-payment in the case set forth in paragraph (2).
前条の規定は、第二項の場合における一部負担金の支払について準用する。
Article 44第四十四条
Article 44, paragraph (1)
Municipalities and Societies may take any of the measures listed in the following items with respect to any insured person who is under special circumstances and for whom it is found difficult to make co-payment to a health insurance-covered medical institution, etc. pursuant to the provisions of Article 42 or the preceding Article:
to exempt such insured person from making co-payment;
一部負担金の支払を免除すること。
Article 44, paragraph (1), item (iii)
to decide to collect co-payment directly from such insured person in lieu of co-payment to the Health Insurance-Covered Medical Institution, etc., and to suspend such collection.
保険医療機関等に対する支払に代えて、一部負担金を直接に徴収することとし、その徴収を猶予すること。
Article 44, paragraph (2)
Notwithstanding the provisions of paragraph (1) of Article 42 and paragraph (2) of the preceding Article, where the measure set forth in item (i) of the preceding paragraph has been taken with respect to an insured person, it shall be sufficient for said person to pay the amount of co-payment so reduced to the relevant Health Insurance-Covered Medical Institution, etc., and where the measure set forth in item (ii) or (iii) has been taken with respect to an insured person, said person shall not be required to make co-payment to the relevant Health Insurance-Covered Medical Institution, etc.