Division 3 Payment of Special Medical Expenses
第三目 特別療養費の支給
第八十二条
If an insured that is delinquent in the payment of insurance premiums (excluding an insured that is eligible to receive payment of general medical expenses for illness under the Act on Assistance for Atomic Bomb Victims (Act No. 117 of 1994) and other medical care benefits specified by Order of the Ministry of Health, Labour and Welfare (referred to as "payment, etc. of general medical expenses for illness caused by atomic bombs" in paragraph (4)); hereinafter referred to as a "person delinquent in payment of insurance premiums" in this Article) does not pay the insurance premiums during the period from the due date for payment of the insurance premiums until the expiration of the period specified by Order of the Ministry of Health, Labour and Welfare, even though a municipality has made efforts to encourage payment of the insurance premiums, to secure opportunities for consultation pertaining to the payment of the insurance premiums, and to contribute to the payment of the insurance premiums specified by Order of the Ministry of Health, Labour and Welfare (referred to as "encouragement, etc. of payment of insurance premiums" in the following paragraph and Article 92, paragraphs (1) and (2)), and when the person delinquent in payment of insurance premiums has received medical treatment from a medical institution providing services covered by health insurance, etc. or designated home-nursing from a designated home-nursing provider, the Association of Medical Care Systems for the Elderly Aged 75 and older pays to the person delinquent in payment of insurance premiums special medical expenses in lieu of benefits for medical treatment, or payment of dietary treatment expenses for inpatients, living support expenses for inpatients, medical expenses combined with treatment outside insurance coverage, medical expenses, or medical expenses for home-nursing (referred to as "benefits for medical treatment, etc." in the following paragraph, paragraph (4), and paragraph (5)), with regard to expenses required for the medical treatment or designated home-nursing, except when it is found that there are special circumstances specified by Cabinet Order.
後期高齢者医療広域連合は、保険料を滞納している被保険者(原子爆弾被爆者に対する援護に関する法律(平成六年法律第百十七号)による一般疾病医療費の支給その他厚生労働省令で定める医療に関する給付(第四項において「原爆一般疾病医療費の支給等」という。)を受けることができる被保険者を除く。以下この条において「保険料滞納者」という。)が、当該保険料の納期限から厚生労働省令で定める期間が経過するまでの間に、市町村が当該保険料の納付の勧奨及び当該保険料の納付に係る相談の機会の確保その他厚生労働省令で定める保険料の納付に資する取組(次項並びに第九十二条第一項及び第二項において「保険料納付の勧奨等」という。)を行つてもなお当該保険料を納付しない場合においては、当該保険料の滞納につき災害その他の政令で定める特別の事情があると認められる場合を除き、当該保険料滞納者が保険医療機関等から療養を受けたとき、又は指定訪問看護事業者から指定訪問看護を受けたときは、当該保険料滞納者に対し、その療養又は指定訪問看護に要した費用について、療養の給付又は入院時食事療養費、入院時生活療養費、保険外併用療養費、療養費若しくは訪問看護療養費の支給(次項、第四項及び第五項において「療養の給付等」という。)に代えて、特別療養費を支給する。
Even before the period specified by Order of the Ministry of Health, Labour and Welfare as prescribed in the preceding paragraph has elapsed, if a person delinquent in payment of insurance premiums still does not pay the insurance premiums even though a municipality has carried out encouragement of insurance premium payment, etc., and the person delinquent in payment of insurance premiums has received medical treatment from a medical institution providing services covered by health insurance, etc. or designated home-nursing from a designated home-nursing provider, the Association of Medical Care Systems for the Elderly Aged 75 and older may pay the person delinquent in payment of insurance premiums special medical expenses for the expenses required for the medical treatment or designated home-nursing, in lieu of benefits for medical treatment, etc. However, this does not apply if it is found that there are special circumstances specified by the Cabinet Order referred to in that paragraph.
When paying special medical expenses pursuant to the provisions of paragraph (1) or the main clause of the preceding paragraph, the Association of Medical Care Systems for the Elderly Aged 75 and older is to notify a person delinquent in insurance premiums to the effect that special medical expenses will be paid if the person delinquent in insurance premiums receives medical treatment at or from a medical institution providing services covered by health insurance, or receives designated home-nursing at or from a designated home-nursing provider, pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare.
If a person delinquent in payment of insurance premiums who is subject to the provisions of paragraph (1) or the main clause of paragraph (2) completes payment of the delinquent insurance premiums, or it is found that the amount of delinquent payment pertaining to the person has significantly decreased, or there are special circumstances specified by Cabinet Order, such as disasters, or if the relevant insured has become eligible for the payment, etc. of medical expenses for atomic bomb-related general diseases, and the insured that falls under these cases has received medical treatment from a medical institution providing services covered by health insurance, etc. or designated home-nursing from a designated home-nursing provider, the Association of Medical Care Systems for the Elderly Aged 75 and older provides benefits for medical treatment, etc. to the relevant insured.
後期高齢者医療広域連合は、第一項又は第二項本文の規定の適用を受けている保険料滞納者が滞納している保険料を完納した場合若しくはその者に係る滞納額の著しい減少、災害その他の政令で定める特別の事情があると認められる場合又は当該被保険者が原爆一般疾病医療費の支給等を受けることができる者となつた場合において、これらの場合に該当する被保険者が保険医療機関等から療養を受けたとき、又は指定訪問看護事業者から指定訪問看護を受けたときは、当該被保険者に対し、療養の給付等を行う。
When the Association of Medical Care Systems for the Elderly Aged 75 and older is to provide benefits for medical treatment, etc. pursuant to the provisions of the preceding paragraph, it is to notify in advance, pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare, an insured who falls under the case prescribed in that paragraph that, when the insured receives medical treatment from a medical institution providing services covered by health insurance, etc. or designated home-nursing from a designated home-nursing provider, benefits for medical treatment, etc. will be provided.
The provisions of Article 64 of the Health Insurance Act and Article 64, paragraph (3), Article 65, Article 66, Article 70, paragraph (2), Article 72, Article 74, paragraph (7) (including as applied mutatis mutandis pursuant to Article 78, paragraph (8)), Article 76, paragraph (2), Article 78, paragraph (3), Article 79, paragraph (2), Article 80, and the preceding Article of this Act apply mutatis mutandis to medical treatment or designated home-nursing pertaining to special medical expenses received at or from a medical institution providing services covered by health insurance, etc. or a designated home-nursing provider, and to the payment of special medical expenses incidental thereto. In this case, any necessary technical replacement of terms is specified by Cabinet Order.
If a person delinquent in insurance premiums to whom the provisions of paragraph (1) or the main clause of paragraph (2) are applied would be subject to the provisions of Article 77, paragraph (1) if those provisions were not applied, the Association of Medical Care Systems for the Elderly Aged 75 and older may pay medical expenses to the person.
第一項又は第二項本文の規定の適用を受けている保険料滞納者がこれらの規定の適用を受けていないとすれば第七十七条第一項の規定が適用されることとなるときは、後期高齢者医療広域連合は、療養費を支給することができる。
When a person delinquent in payment of insurance premiums who is subject to the provisions of paragraph (1) or the main clause of paragraph (2) has received medical care or medication from a medical institution providing services covered by health insurance, etc. without receiving confirmation of being an insured by electronic eligibility confirmation, etc., and the Association of Medical Care Systems for the Elderly Aged 75 and older finds that the failure to receive that confirmation was due to an emergency or other unavoidable reason, the Association is to pay medical expenses.
The provisions of Article 77, paragraphs (3) and (4) apply mutatis mutandis to the medical expenses pursuant to the provisions of the preceding two paragraphs. In this case, the term "if the person is to receive" in paragraph (4) of the same Article is deemed to be replaced with "if the person is eligible to receive".
Division 4 Payment of Transport Expenses
第四目 移送費の支給
第八十三条
When an insured has been transferred to a hospital or clinic in order to receive medical treatment (including medical treatment covered by medical expenses combined with treatment outside insurance coverage and medical treatment covered by special medical expenses), the Association of Medical Care Systems for the Elderly Aged 75 and older pays, as transport expenses, an amount calculated pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare to the insured.
後期高齢者医療広域連合は、被保険者が療養の給付(保険外併用療養費に係る療養及び特別療養費に係る療養を含む。)を受けるため病院又は診療所に移送されたときは、当該被保険者に対し、移送費として、厚生労働省令で定めるところにより算定した額を支給する。
The transport expenses referred to in the preceding paragraph are to be paid only if the Association of Medical Care Systems for the Elderly Aged 75 and older finds it necessary pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare.
前項の移送費は、厚生労働省令で定めるところにより、後期高齢者医療広域連合が必要であると認める場合に限り、支給するものとする。
Subsection 3 Payment of High-Cost Medical Expenses and Sizable medical and nursing expenses
第三款 高額療養費及び高額介護合算療養費の支給
Article 84High-Cost Medical Expenses
第八十四条(高額療養費)
When the amount of co-payment prescribed in Article 67 with respect to benefits for medical treatment or the amount calculated by deducting, from the amount of expenses incurred in medical treatment (excluding dietary treatment and living support; hereinafter the same applies in this Article), the amount paid as medical expenses combined with treatment outside insurance coverage, medical expenses, medical expenses for home-nursing, or special medical expenses with respect to the expenses incurred in the medical treatment, or the amount equivalent to the difference paid pursuant to the provisions of Article 57, paragraph (2) (referred to as the "amount of co-payment, etc." in paragraph (1) of the following Article) is extremely large, the Association of Medical Care Systems for the Elderly Aged 75 and older pays high-cost medical expenses to the insured that received the benefits for medical treatment, or the payment of the medical expenses combined with treatment outside insurance coverage, medical expenses, medical expenses for home-nursing, or special medical expenses.
The requirements for payment and the amount of high-cost medical expenses and other necessary matters concerning the payment of high-cost medical expenses shall be prescribed by Cabinet Order by taking into consideration the impact of the burden of the expenses incurred in the relevant medical treatment on household finances, in particular the household finances of persons who continuously receive medical treatment over a long period, and the amount of expenses incurred in the medical treatment.
高額療養費の支給要件、支給額その他高額療養費の支給に関して必要な事項は、療養に必要な費用の負担の家計、とりわけ長期にわたつて継続的に療養を受ける者の家計に与える影響及び療養に要した費用の額を考慮して、政令で定める。
Article 85Sizable medical and nursing expenses
第八十五条(高額介護合算療養費)
When the sum of the amount of co-payment, etc. (when high-cost medical expenses set forth in paragraph (1) of the preceding Article are paid, the amount obtained by deducting the amount so paid) and the amount to be borne by a user of long-term care service as prescribed in Article 51, paragraph (1) of the Long-Term Care Insurance Act (when allowance for high-cost long-term care service set forth in the same paragraph is paid, the amount obtained by deducting the amount so paid) and the amount to be borne by a user of preventive long-term care service as prescribed in Article 61, paragraph (1) of the same Act (when High-Cost Long-Term Prevention Care Service Allowance set forth in the same paragraph is paid, the amount obtained by deducting the amount so paid) is extremely large, the Association of Medical Care Systems for the Elderly Aged 75 and older pays Sizable medical and nursing expenses to the insured that received benefits for medical treatment, or payment of medical expenses combined with treatment outside insurance coverage, medical expenses, medical expenses for home-nursing, or special medical expenses pertaining to the amount of co-payment, etc.
後期高齢者医療広域連合は、一部負担金等の額(前条第一項の高額療養費が支給される場合にあつては、当該支給額に相当する額を控除して得た額)並びに介護保険法第五十一条第一項に規定する介護サービス利用者負担額(同項の高額介護サービス費が支給される場合にあつては、当該支給額を控除して得た額)及び同法第六十一条第一項に規定する介護予防サービス利用者負担額(同項の高額介護予防サービス費が支給される場合にあつては、当該支給額を控除して得た額)の合計額が著しく高額であるときは、当該一部負担金等の額に係る療養の給付又は保険外併用療養費、療養費、訪問看護療養費若しくは特別療養費の支給を受けた被保険者に対し、高額介護合算療養費を支給する。
The provisions of paragraph (2) of the preceding Article apply mutatis mutandis to the payment of a Sizable medical and nursing expenses.
前条第二項の規定は、高額介護合算療養費の支給について準用する。
Subsection 4 Other Late-Stage medical care benefit for the Elderly
第四款 その他の後期高齢者医療給付
第八十六条
A Association of Medical Care Systems for the Elderly Aged 75 and older is to, pursuant to the provisions of its Ordinances, pay funeral expenses or provide funeral rites benefits with regard to the death of an insured; provided, however, that if there are special reasons, the payment or benefits may not be made in whole or in part.
後期高齢者医療広域連合は、被保険者の死亡に関しては、条例の定めるところにより、葬祭費の支給又は葬祭の給付を行うものとする。ただし、特別の理由があるときは、その全部又は一部を行わないことができる。
In addition to the benefits set forth in the preceding paragraph, the Association of Medical Care Systems for the Elderly Aged 75 and older may pay injury and sickness allowance and provide other medical care benefit for the old-old pursuant to the provisions of the ordinances of the Association of Medical Care Systems for the Elderly Aged 75 and older.
後期高齢者医療広域連合は、前項の給付のほか、後期高齢者医療広域連合の条例の定めるところにより、傷病手当金の支給その他の後期高齢者医療給付を行うことができる。
Subsection 5 Restrictions on Late-Stage medical care benefit for the Elderly
第五款 後期高齢者医療給付の制限
第八十七条
When an insured or a person who used to be an insured has suffered illness or injury intentionally or due to an intentional criminal act, benefits for medical treatment, or dietary treatment expenses for inpatients, living support expenses for inpatients, medical expenses combined with treatment outside insurance coverage, medical expenses, medical expenses for home-nursing, special medical expenses, or transport expenses pertaining to the illness or injury (hereinafter referred to as "benefits for medical treatment, etc." in this Subsection) are not paid.
被保険者又は被保険者であつた者が、自己の故意の犯罪行為により、又は故意に疾病にかかり、若しくは負傷したときは、当該疾病又は負傷に係る療養の給付又は入院時食事療養費、入院時生活療養費、保険外併用療養費、療養費、訪問看護療養費、特別療養費若しくは移送費の支給(以下この款において「療養の給付等」という。)は、行わない。
第八十八条
When an insured suffers illness or injury due to a conflict, state of drunkenness or extreme misconduct, benefits for medical treatment, etc. for such illness or injury may not be paid in whole or in part.
被保険者が闘争、泥酔又は著しい不行跡によつて疾病にかかり、又は負傷したときは、当該疾病又は負傷に係る療養の給付等は、その全部又は一部を行わないことができる。
第八十九条
If a person who is or was an insured is confined in a penal institution, workhouse, or any other facility equivalent thereto, no benefits for medical treatment, etc. are paid for the period during which the person is confined.
被保険者又は被保険者であつた者が、刑事施設、労役場その他これらに準ずる施設に拘禁された場合には、その期間に係る療養の給付等は、行わない。
第九十条
The Association of Medical Care Systems for the Elderly Aged 75 and older may refrain from providing part of the benefits for medical treatment, etc. when an insured or a person who used to be an insured fails, without justifiable grounds, to follow instructions concerning medical treatment.
後期高齢者医療広域連合は、被保険者又は被保険者であつた者が、正当な理由がなく療養に関する指示に従わないときは、療養の給付等の一部を行わないことができる。
第九十一条
When a person who is or was an insured or a person who receives an old-old medical care benefit fails to comply with an order pursuant to the provisions of Article 60 or refuses to answer questions or undergo a medical examination without justifiable grounds, the Association of Medical Care Systems for the Elderly Aged 75 and older may refrain from providing benefits for medical treatment, etc., in whole or in part.
後期高齢者医療広域連合は、被保険者若しくは被保険者であつた者又は後期高齢者医療給付を受ける者が、正当な理由がなく第六十条の規定による命令に従わず、又は答弁若しくは受診を拒んだときは、療養の給付等の全部又は一部を行わないことができる。