Public Assistance Act

The Minister of Health, Labour and Welfare, public assistance administrators, prefectural governors, municipal mayors, designated medical care providers and other persons specified by Order of the Ministry of Health, Labour and Welfare as persons who use a recipient number, etc. (meaning the public expense bearer number (meaning the number that the Minister of Health, Labour and Welfare determines for each public assistance administrator in order to identify public assistance administrators in affairs concerning decisions on and implementation of public assistance, etc.) and the recipient number (meaning the number that a public assistance administrator determines for each public assistance recipient in order to manage information pertaining to public assistance recipients); the same applies hereinafter in this Article) for the performance of affairs concerning decisions on or implementation of public assistance, affairs concerning the implementation of the health management support programme for public assistance recipients, or affairs related thereto (hereinafter in this paragraph and the following paragraph referred to as "affairs concerning decisions on and implementation of public assistance, etc.") (hereinafter in this Article referred to as the "Minister of Health, Labour and Welfare, etc.") must not request anyone to disclose the recipient number, etc. pertaining to that person or a person other than that person, except where necessary for the performance of those affairs concerning decisions on and implementation of public assistance, etc.

A person other than the Minister of Health, Labour and Welfare, etc. must not request anyone to disclose the recipient number, etc. pertaining to that person or a person other than that person, except in a case specified by Order of the Ministry of Health, Labour and Welfare as a case where the use of the recipient number, etc. is particularly necessary for the performance of affairs concerning decisions on and implementation of public assistance, etc.

No person may, except in the following cases, with regard to an act that the person conducts as a business, request a person who intends to make an application for a contract of sale, lease, employment, or otherwise (hereinafter in this paragraph referred to as a "contract") with the person, a person who makes such an application, or a person who has concluded a contract with the person, to disclose the recipient number, etc. pertaining to the person requested or a person other than the person requested:

where the Minister of Health, Labour and Welfare, etc. requests the disclosure of the recipient number, etc. in a case prescribed in paragraph (1);

where a person other than the Minister of Health, Labour and Welfare, etc. requests the disclosure of the recipient number, etc. in a case specified by Order of the Ministry of Health, Labour and Welfare prescribed in the preceding paragraph.

No person may, except in the following cases, constitute as a business a database in which the recipient number, etc. are recorded (meaning a collection of information including the recipient number, etc. pertaining to persons other than that person, systematically structured so that such information can be retrieved using a computer) and in which the information recorded is intended to be provided to others (hereinafter in this paragraph referred to as a "database for provision"):

where the Minister of Health, Labour and Welfare, etc. constitutes a database for provision in a case prescribed in paragraph (1);

where a person other than the Minister of Health, Labour and Welfare, etc. constitutes a database for provision in a case specified by Order of the Ministry of Health, Labour and Welfare prescribed in paragraph (2).

When an act in violation of the provisions of the preceding two paragraphs has been committed and the Minister of Health, Labour and Welfare finds that the person who committed the act is likely to commit further acts in violation of those provisions repeatedly, the Minister may recommend that the person who committed the act cease the act, or recommend that the person take measures necessary to ensure that the act is ceased.

When a person who has received a recommendation pursuant to the provisions of the preceding paragraph does not comply with the recommendation, the Minister of Health, Labour and Welfare may, by specifying a time limit, order that person to comply with the recommendation.

When the Minister of Health, Labour and Welfare finds it necessary in relation to the measures under paragraphs (5) and (6) of the preceding Article, the Minister may, within the extent found necessary, request a person for whom there are reasonable grounds to find that the person is in violation of paragraph (3) or (4) of that Article to make a report on necessary matters, or may have personnel enter the office or business office of that person and question the person concerned or inspect the books and other documents or other articles.

The provisions of Article 28, paragraph (3) apply mutatis mutandis to questions or inspections under the provisions of the preceding paragraph, and the provisions of paragraph (4) of that Article apply mutatis mutandis to the authority under the provisions of the preceding paragraph, respectively.

A public assistance administrator may entrust affairs concerning the collection or organization, or the use or provision, of information pertaining to public assistance recipients or persons who were public assistance recipients in relation to the furnishing of medical care, the implementation of the health management support programme for public assistance recipients, and other affairs specified by Order of the Ministry of Health, Labour and Welfare, to the Medical Information Infrastructure and Medical Fee Examination and Payment Organization or the Federation of National Health Insurance Associations.

When a public assistance administrator entrusts affairs pursuant to the provisions of the preceding paragraph, it is to do so jointly with other public assistance administrators, insurers prescribed in Article 1 of the Act on the Medical Information Infrastructure and Medical Fee Examination and Payment Organization, persons specified by Order of the Ministry of Health, Labour and Welfare who perform affairs pertaining to benefits relating to medical care pursuant to the provisions of laws and regulations, and municipalities and special wards that operate long-term care insurance pursuant to the provisions of Article 3 of the Long-Term Care Insurance Act, and other persons specified by Order of the Ministry of Health, Labour and Welfare.

The State, prefectures and municipalities, designated medical care providers and other persons concerned are to cooperate with one another while coordinating among themselves, through the introduction of the system of electronic eligibility confirmation prescribed in Article 34, paragraph (6) and otherwise promoting the use of information and communications technology in procedures, so that affairs carried out pursuant to the provisions of medical insurance laws, etc. (meaning the medical insurance laws prescribed in Article 7, paragraph (1) of the Act on Assurance of Medical Care for Elderly People (Act No. 80 of 1982) and the Act on Assurance of Medical Care for Elderly People) and other laws and regulations providing for benefits relating to medical care are implemented smoothly.

In the case where a public assistance recipient is a minor or an adult ward, if there is no person to perform the duty of a person who has parental authority or a guardian, a public assistance administrator shall promptly request a family court to appoint a guardian.

A prefectural governor is to make efforts to conduct surveys, analyses and evaluations (hereinafter referred to as "survey, etc." in this Article) of medical assistance and the health management support programme for public assistance recipients conducted by municipal mayors, from a broad perspective beyond the areas of municipalities, and to provide municipal mayors with information based on that survey, etc. and other necessary assistance regarding technical matters concerning the appropriate implementation of medical assistance and the effective and efficient implementation of the health management support programme for public assistance recipients.

When a prefectural governor finds it necessary for the implementation of the survey, etc., the governor may request municipal mayors to provide necessary information.

The Minister of Health, Labour and Welfare is to provide the support necessary for a prefectural governor to conduct the survey, etc. smoothly.

In addition to what is prescribed in paragraph (1) of the preceding Article, a prefectural governor may provide municipal mayors with necessary advice and other assistance for the appropriate implementation of affairs concerning public assistance and the payment of the benefit for employment and self-support and the school enrollment and job-search preparation benefit.

In addition to what is prescribed in paragraph (1) of the preceding Article and the preceding paragraph, a prefectural governor may provide municipal mayors with necessary advice and other assistance for the effective and efficient implementation of the employment support programme for public assistance recipients and the health management support programme for public assistance recipients, and the career path support programme for children, the employment preparation support programme for public assistance recipients, the household finance improvement support programme for public assistance recipients and the community living support programme for public assistance recipients.

When abolishing public assistance pursuant to the provisions of Article 26, if the person whose public assistance is to be abolished falls under a person in need prescribed in Article 3, paragraph (1) of the Act on Self-Reliance Support for Persons in Need, a public assistance administrator is to make efforts to provide that person with information and advice regarding projects or benefits under that Act and to take other appropriate measures.

When towns or villages have established a welfare office by setting up a partial-affairs association or a wide area union, said partial-affairs association or wide area union shall be deemed to be a town or village with a welfare office and the manager of said partial-affairs association (or, for a partial-affairs association under Article 285 of the Local Autonomy Act (Act No. 67 of 1947) that has a board of directors in place of a manager pursuant to Article 287-3, paragraph (2) of that Act, the board of directors) or the head of said wide area union (or, for a wide area union that has a board of directors in place of a head pursuant to Article 287-3, paragraph (2) of that Act as applied mutatis mutandis pursuant to Article 291-13 of that Act, the board of directors) shall be deemed to be the mayor of a town or village managing a welfare office, with regard to application of this Act.