Law amending a Part of the National Health Insurance Law
法令番号: 法律第70号
公布年月日: 昭和23年6月30日
法令の形式: 法律
I hereby promulgate the Law amending a Part of the National Health Insurance Law.
Signed:HIROHITO, Seal of the Emperor
This thirtieth day of the sixth month of the twenty-third year of Showa (June 30, 1948)
Prime Minister ASHIDA Hitoshi
Law No.70
Law amending a Part of the National Health Insurance Law
The National Health Insurance Law (Law No.60 of 1938) shall be amended in part as follows:
In the National Health Insurance Law, "the competent Minister" shall read "the Minister of Welfare" , "local governors" shall read "governor of Tokyo Metropolis, Hokkaido or the prefecture" , "the Federation of National Health Insurance Association" shall read "The National Health Insurance Federation," "Federation of Association" shall read "Federation" , and "juridical person administering the undertaking of Association" shall read "corporate judicial person administering National Health Insurance" .
Art.2. The local public body of the city, town or village (including hereinafter the special ward) shall be responsible for the National Health Insurance administration.
Art.2-(2). The National Health Insurance Association (hereinafter referred to as the Association) or other non-profit corporate juridical person may administer National Health Insurance, in case the city, town or village does not administer National Health Insurance.
The Association shall use the Chinese characters of Kokumin Kenko Hoken Kumiai as its designation.
The Association shall have the exclusive right to use the Chinese characters of Kokumin Kenko Hoken Kumiai as its designation.
Art.2-(3). The term "the insurer" in this Law shall mean the city, town, or village, which administers National Health Insurance and the Association and corporate juridical person which administers National Health Insurance as provided for in the preceding two Articles.
In Art.3, par.1, "one year" shall read "two years" , and in Art.3, par.3, "which shall be made by the Association in accordance with the constitution" shall read "which shall be made by the insurer in accordance with the provisions of Ordinance."
In Art.7, "Association or juridical person administering the operations of Association" shall read "insurer" .
Art.7-(2). In case any person fails to pay his insurance contribution and other charges provided for by this Law, the city, town or village which administers National Health Insurance shall deal with him in accordance with the provisions of Art.225, par.1, pars.3 to 5 inclusive and par.10 of the Local Autonomy Law.
In Art.8, par.2, "Art.111, pars.1 and 4, of the Regulations governing the Organization of Town and Village" shall read "Art.225, pars.1, 3 and 4, of the Local Autonomy Law."
The following two Chapters shall be inserted after Art.8:
Chapter II. Operations
Art.8-2. The insurer shall provide the insured with medical care for sickness and injury, maternity care for delivery, funeral and burial service for death. But in case special circumstances exist, the insurer need not provide maternity care or the funeral and burial care. The insurer may provide other insurance services in addition to the services provided for in the previous paragraph as designated by Ordinance.
Any insurer who is under special circumstances may pay medical expenses, maternity expenses, funeral and burial expenses instead of providing the services prescribed in par.1 of this Article, in accordance with city, town or village ordinance, the stipulations of the Association or the regulations concerning National Health Insurance (hereinafter referred to as the regulations) of the corporate juridical person.
Art.8-(3). In case the insurers who ought to provide medical care, Maternity care and funeral and burial service find it difficult to do so, or in case it is necessary, they may pay medical, maternity or funeral and burial expenses instead of providing those respective services.
Art.8-(4). The insurer shall designate the purveyors of medical and allied care from among licensed doctors of medicine, dentists, pharmacists and others who administer medical care upon their application. The purveyors of medical and allied care may resign their position as provided for by Ministerial Ordinance.
Art.8-(5). The insurer shall decide the amount of the medical care fee on the basis of the standard medical care fee set for National Health Insurance by the Committee on Calculation of the Medical Care Fee for Social Insurance, upon consulting with the purveyors of medical care, and shall obtain the approval of the governor of Tokyo Metropolis, Hokkaido or the prefecture.
In case the Association or the corporate juridical person administering National Health Insurance wants to obtain the approval provided for in the preceding paragraph, the application for the approval shall be submitted through the headman of the city, town or village concerned.
Art.8-(6). In case of failure to designate the purveyors of medical care or the amount of the medical care fee in accordance with the preceding two Articles, the insurer shall appeal to the National Health Insurance Appeals Board for mediation.
Art.8-(7). The Committee on Calculation of the Medical Care Fee for Social Insurance shall be established in order to set the standard amount of the medical care fee for National Health Insurance.
The Minister of Welfare shall appoint an equal member of persons to the Committee on Calculation of the Medical Care Fee for Social Insurance from among the representatives of the insurers, of the insured, of licensed doctors of medicine and dentists, and those representing public interest.
The said representatives of the insurers, and licensed doctors of medicine or dentists shall be appointed upon recommendation of the organization to which they belong.
In addition to the provisions of the preceding three paragraphs, necessary matters respecting the Committee shall be provided for by Cabinet Order.
Article 8-(8). The insurer may collect part of the expense for medical care from the person who receives the care (in case the beneficiary is not head of the household, from the insured head of the household to which the beneficiary belongs).
In the precedings paragraph the words "insured head of the household" shall mean "the member who is the head of the household" in the case of a General National Health Insurance Association, and in the case of a Special National Health Insurance Association they shall mean "the member of the said Association" .
Article 8-(9). The insurer may provide necessary facilities for medical care, maternity care or the improvement and maintenance of health of the insured.
Article 8-(10). The insurer shall collect insurance contributions from the insured who are heads of households (in the case of a General National Health Insurance Association, from its members who are heads of households, and in the case of a Special National Health Insurance Association, from its members), to cover the expenditure for the operations.
The insurer can reduce, or waive insurance contributions or give additional time to pay to those who are under special circumstances.
Article 8-(11). The kind, scope, term extent of insurance benefits, methods of collecting insurance contributions, reduction and waiver of insurance contributions and other necessary matters regarding insurance benefits and contributions shall be decided by city, town or village ordinance, the constitution of the Association or regulations of the corporate juridical person.
Chapter III. The City, Town or Village Which Administers National Health Insurance
Art.8-(12). In case a city, town or village intends to administer National Health Insurance, it shall make the necessary ordinance respecting National Health Insurance.
In making, revising or abrogating any ordinances in accordance with the preceding paragraph, the approval of the governor of Tokyo Metropolis, Hokkaido or the prefecture shall be required.
Art.8-(13). The city, town or village ordinance respecting National Health Insurance shall include the following matters supplementary to the provisions of this Law:
1. Matters concerning the qualification of the insured.
2. Matters concerning insurance benefits.
3. Matters concerning insurance contributions.
4. Matters concerning important assets and public establishments.
5. Other important matters.
Art.8-(14). The insured in the city, town or village which administers National Health Insurance shall be the heads of households and those belonging to their households in the respective areas. However, this shall not apply to those who come under one of the following items:
1. Persons insured under Health Insurance or Seamen's Insurance, except those insured under the Seamen's Insurance Law, Art.20, par.1.
2. Those insured under a Special National Health Insurance Association.
3. Persons who are under special circumstances as provided for in the city, town or village ordinance.
In case the head of a household having no qualification to be insured according to the proviso to the preceding paragraph has any person in the same household qualified to be insured, he shall be deemed insured as head of a household in regard to the application of the provisions of Art.8-(8) and Art.8-(10).
Art.8-(15). The city, town or village which administers National Health Insurance may provide, by the city, town or village ordinance, for a fine not exceeding 2,000 yen, with respect to the collection of insurance contributions and other charges.
Art.8-(16). The city, town or village which administers National Health Insurance shall decide, through the resolution of the assemby of the city, town or village, the budget or revenue and expenditure of National Health Insurance, disposition of reserve funds and the acquisition and disposition of important assets and public establishments, as provided for by city, town and village ordinance, and report them to the governor of Tokyo Metropolis, Hokkaido or the prefecture.
Art.8-(17). The city, town or village which administers National Health Insurance shall set up a special account in order to manager revenue and expenditure of National Health Insurance.
Art.8-(18). A National Health Insurance Operations Advisory Council (hereinafter referred to as the Council) shall be organized in any city, town or village which administers National Health Insurance and shall study and advise on matters concerning the management of the operation of National Health Insurance.
The members of the Council, numbering not less than five, shall be appointed by the headman of the city, town or village, with the resolution of the assembly, from among the representatives of the insured, of licenced doctors of medicine or dentists and those representing public interest.
Art.8-(19), The Council shall investigate matters concerning the management of the operation of National Health Insurance at the request of the headman of the city, town or village administering National Health Insurance and shall make such recommendations to him at its own initiative as it considers important.
Whenever the Council receives a communication from an insured of the city, town or village administering National Health Insurance or from any other interested party, the Council shall deliberate on it and forward it to the headman accompanied by a statement of its own opinion.
Art.8-(20). In case a request for investigation has been made according to the preceding Article, par.1, the Council shall meet to study such request and make a prompt reply.
Except those cases pursuant to the provision of the preceding paragraph, the Council shall hold regular monthly meetings, barring exceptional circumstances, for the purpose of investigating matters affecting the operation of National Health Insurance, and shall report important findings to the headman of the city, town or village.
Article 8-(21). At the end of each fiscal year the Council shall make a report on the subjects considered during the past year as well as other important matters, including its recommendations, to the headman of the city, town or village.
Upon receiving the report mentioned in the foregoing paragraph, the headman of the city, town or village shall submit it to the assembly of the city, town or village and publish it.
Article 8-(22). In addition to the provisions of this Law, necessary matters respecting the Council shall be provided for by Cabinet Order.
The word "Chapter II. The National Health Insurance Association" shall read "Chapter IV. The National Health Insurance Association" .
In Art.10, par.1, "householders" shall read "the heads of households and adults belonging to the same households" , and in par.3 of the same Article, "cities, towns or villages" shall read "one or more cities, towns or villages" .
Article 11. In order to establish an Association, a constitution of the Association shall be drawn up by fifteen or more promotors, and having obtained the consent of half or more of those qualified to be members and upon resolution by the assembly of the city, town or village concerned, the promotors shall apply for, approval of the governor of Tokyo Metropolis, Hokkaido or the prefecture. But in the case of a Special National Health Insurance Association, the resolution of the assembly of the city town or village concerned shall not be required.
The Association shall come into existence when it obtains the approval of establishment.
Articles 11-(2) and 11-(3) shall be deleted.
Article 13. In case a General National Health Insurance Association is established, all persons who are qualified to be members shall become members of the Association.
Any person who is under special circumstances as provided for by the constitution of the Association, regardless of the provision of the preceding paragraph, shall not become a member.
Art.14, par.1, item 1 and item 2 shall be amended as follows:
1. Persons insured under Health Insurance and Seamen's Insurance, except insured persons provided for in the Seamen's Insurance Law Art.20, par.1.
2. Those insured under a Special National Health Insurance Association.
The words "Section 2. Operations" shall be deleted.
Arts.18, 19, 20, 21, 22, 23 and 24. Deleted.
Arts.19-(2) to 19-(5) inclusive shall be deleted.
The words "Section 3. Administration" shall read "Section 2. Administration" .
Art.25, pars.3 and 4 shall be amended as follows:
The members of the Board shall be elected from among the member of the Association, and the chairman of the Board from among the members of the Board, by mutual vote.
The fixed number of the members of the Board shall be provided for by the constitution of the Association based on the following standards:
1.Associations with 2,000 members or less....................................
22 members
2.Associations with members more than 2,000 and less than 5,000...
26 ,,
3.Associations with members more than 5,000 and less than 10,000...
32 ,,
4.Associations with members more than 10,000 and less than 20,000...
36 ,,
5.Associations with members more than 20,000 and less than 50,000...
40 ,,
6.Associations with members more than 50,000 and less than 150,000...
46 ,,
7.Associations with members more than 150,000 and less than 200,000...
50 ,,
8.Associations with members more than 200,000 and less than 300,000...
54 ,,
9.Associations with more than 300,000 members........................
58 ,,
Art.25-(2). The term of office of the members of the Board shall be two years from the date on which they were elected.
The term of office of those members of the Board who have filled vacant posts shall be the remaining term of their predecessors.
If there is a change in the fixed number of members of the Board, the term of office of the newly elected members shall be the remaining term of these already members of the Board.
Art.25-(3). Any person coming under any of the following categories shall not qualify to be a member of the Board:
1. Minors.
2. Incompetent reasons or quasi-incompetent persons.
3. One who has been sentenced to penal servitude or confinement and who has not yet completed his term or been forgiven the remainder thereof.
After the words "the resolutions" in Art.26, par.2, the words "through the mayor or headman of the city, town or village concerned" shall be added, and the following proviso shall be added to the same paragraph of the same Article.
"However, in the case of a Special National Health Insurance Association, it need not pass through the mayor or headman of the city, town or village concerned" .
In Art.28, par.1, the words "a few directors" shall read "directors, numbering not less than five" ;in par.2 of the same Article, "in this case the local governors shall give approval to the appointment of the directors of the General National Health Insurance Association" shall be deleted, and in par.3 of the same Article, after the words "or an officer deligated by him" the words "and a licenced doctor of medicine or dentist" shall be added.
Art.28-(2). The term of office of the directors shall be two years.
The proviso to Art.29, par.2 shall be deleted.
In Art.30, the words "instruction of the local governor" shall read "instruction of the governor of Tokyo Metropolis, Hokkaido or the prefecture through the headman of the city, town or village concerned" and the following proviso shall be added:
"However, in the case of a Special National Health Insurance Association, it need not pass through the mayor or headman of the city, town or village concerned" .
The words "Section 4. Division, Amalgamation and Dissolution" shall read "Section 3. Division, Amalgamation and Dissolution" .
In Art.34, the words "the approval of local governors" shall read "the approval of the governor of Tokyo Metropolis, Hokkaido or the prefecture after obtaining the resolution of the assembly of the city, town and village concerned" , and the following proviso shall be added to the same Article:
"However, in the case of a Special National Health Insurance Association, such resolution of the assembly of the city, town or village concerned shall be dispensed with" .
In Art.35, par.3, the words "the approval of local governors" shall read "the approval of the governor of Tokyo Metropolis, Hokkaido or the prefecture through the mayor or headman of the city, town or village concerned" , and the following proviso shall be added to the same paragraph of the same Article:
"However, in the case of a Special_National Health Insurance Association, it need not pass through the mayor or headman of the city, town or village concerned" .
In Art.37, par.4, after the words "In regard to the method of liquidation and the disposal of the properties" the words "the approval of the governor of Tokyo Metropolis, Hokkaido or the prefecture shall be obtained after obtaining the resolution of the assembly of the city, town or village concerned" shall be added, and the following proviso shall be added to the same paragraph of the same Article:
"However, in the case of a Special National Health Insurance Association, the resolution of the assembly of the city, town or village concerned shall be dispensed with" .
Chapter V. The Corporate Juridical Person which Administers National Health Insurance
Art.37-(2). In case a non-profit corporate juridical person desires to administer National Health Insurance, it shall make the regulations and obtain the approval of the governor of Tokyo Metropolis, Hokkaido or the prefecture upon obtaining the resolution of the assembly of the city, town or village concerned.
The governor of Tokyo Metropolis, Hokkaido or the prefecture may give the approval provided for in the preceding paragraph in case the non-profit corporate juridical person fulfills both conditions stated below:
1. Its district as provided for in this articles of incorporation consists of one, two, or more city, town or village areas.
2. Its membership includes four-fifths or more of the heads of households in its district.
The provision of the first paragraph shall apply correspondingly in case the corporate juridical person which administers National Health Insurance changes existing regulations pertaining to, or discontinues, National Health Insurance.
Art.37-(3). The regulations of a corporate juridical person administering National Health Insurance shall include the following articles supplementary to the provisions of this Law:
1. Articles on the qualification of the insured.
2. Articles on insurance services.
3. Articles on insurance contributions.
4. Other important matters.
Art.37-(4). Persons insured by a corporate juridical person administering National Health Insurance shall be the members of the corporate juridical person and those who belong to their households, head of households in the district where the said juridical person is established and those who belong to their household. But this rule shall not be applicable to those who come under any one of the following categories:
1. Persons insured under Health Insurance or Seamen's Insurance, except those insured under the Seamen's Insurance Law, Art.20, par.1.
2. Persons issued under a Special National Health Insurance Associations.
3. Persons who are under special circumstances as provided for in the regulations.
In case the head of a household having no qualification to be insured according to the proviso in the preceding paragraph of this Article has any person in the same household qualified to be insured, he shall be deemed insured as the head of a household in regard to the application of the provisions of Arts.8-(8) and 8-(10).
Art.37-(5). The corporate juridical person which administers National Health Insurance shall set up a special account on the management of revenue and expenditure of National Health Insurance.
Art.37-(6). The corporate juridical person administering National Health Insurance shall resolve the following matters concerning National Health Insurance in the general membership meeting or an equivalent meeting prescribed by its regulations:
1. The budget of revenue and expenditure.
2. Report on operations and settlement of accounts.
3. The undertaking of new obligations or renunciation of rights not providing for in the budget of revenue and expenditure.
4. Disposition of reserve funds and other important assets.
5. Loans (excepting short term loans).
6. Other important matters.
The resolutions mentioned in items 1, 4 and 5 above shall be invalid unless approval of the governor of Tokyo Metropolis, Hokkaido or the prefecture is obtained through the mayor or headman of the city, town or village concerned.
Art.37-(7). In case the corporate juridical person administering National Health Insurance has its permission of administering National Health Insurance revoked according to the provision of Art.37-(2), par.1, or has received the permission to discontinue operations according to the provision of Art.37-(2), par.3, or is being dissolved, the representative or the liquidator of the corporate juridical person shall obtain the resolution of the assembly of the city, town or village concerned, with respect to the disposal of assets and the settlement of the accounts of National Health Insurance and thereupon shall obtain the approval of the governor of Tokyo Metropolis, Hokkaido or the prefecture.
The words "Chapter III. The Federation of National Health Insurance Associations" shall read "Chapter VI. The National Health Insurance Federation" .
In Art.38, the words "Associations and juridical persons administering the undertakings of the Associations" shall read "insurance," and the following two paragraphs shall be added to the same Article:
The Federation shall use the Chinese characters of Kokumin Kenko Hoken Dantai Rengokai as its designation.
The Federation shall have the exclusive right to use the Chinese characters of Kokumin Kenko Hoken Dantai Rengokai as its designation.
In Art.40-(2), the words "Associations and juridical persons administering the undertakings of the Associations" shall read "Insurers" .
Art.41. The Federation shall have a General Assembly.
The General Assembly shall consist of the representatives and a chairman.
Each of the insurers which are members shall send one representative.
The chairman shall be elected from among the representatives by mutual vote.
Art.41-(2). The Federation shall have three or more directors.
The General Assembly shall elect the directors from among the representatives. The directors shall be elected from among the representatives at the General Assembly. But in case special circumstances exist, persons who are not representatives may be elected.
One of the directors shall become the chairman of the board of directors.
The chairman of the board of directors shall be elected from among the directors by mutual vote.
Art.41-(3). The term of office of the directors shall be two years.
Art.42. Arts.8-(9), 15, 16, 17, 26, 27, Art.29, pars.3 and 4, Arts.30 to 37 inclusive shall apply to the Federation with necessary modifications. But the resolution of the assembly of the city, town or village concerned in accordance with the provisions of Art.34 and Art.37, par.4, and the submittal through the mayor or headman of the city, town or village concerned according to the provisions of Arts.26, 30 and Art.35, par.3 shall be dispensed with.
The words "Chapter IV. Supervision and Subsidy" shall read "Chapter VII. Supervision and Subsidy" .
In Art.43, par.1, the words "Association or juridical persons administering the undertakings of the Association" shall read "insurers" and "alteration of the by-laws" shall read"amendment of the city, town or village ordinances, constitution of the Association or regulations of the corporate juridical person, and the following paragraph shall be added to the same Article:
Whenever, according to the provision of the preceding paragraph, reports are required from, and orders or dispositions are given to, the General National Health Insurance Associations or corporate juridical persons administering National Health Insurance, it shall be done through the headman of the city, town or village concerned.
In Art.14, par.1, the words "government official" shall read "government official, the public official" .
In Art.45, the words "In case the local governor considers that the resolutions of acts of officers of the Associations" shall read "In case the governor of Tokyo Metropolis, Hokkaido or the prefecture considers that the resolution of the assembly of a city, town or village administering National Health Insurance, or the Associations" ; "law, contract" shall read "the Law, the city, town or village ordinance, the constitution of the Association or the regulations of the corporate juridical person" , and after the words "find that the continued operation is impossible judging from the condition of operations and assets" , the following shall be added: "he may invalidate resolutions of the city, town or village assembly" and the words "the permission of Art.54" shall read "the permission given according to Art.37-(2), par.1" .
Art.46. Whenever a corporate juridical person administering National Health Insurance ceases to fulfill either of the two conditions stipulated in Art.37-(2), par.2, the governor of Tokyo Metropolis, Hokkaido or the prefecture may cancel the permission given according to par.1 of the same Article.
Art.47. The National Treasury may, within the limit of the budget, grant subsidies in accordance with Ministerial Ordinance for the expenditure necessary for the operation of National Health Insurance.
The prefecture, city, town or village may grant subsidies for the expenditure necessary for the operation of National Health Insurance.
"Chapter V. The Inspection Council, Appeal and Lawsuit" shall read "Chapter VIII. Appeal, Mediation and Lawsuit" .
Art.48. Any person who is dissatisfied with a decision with regard to insurance benefits, may appeal to the National Health Insurance Appeal Board.
When dissatisfied with the decision of the National Health Insurance Appeal Board, he may institute a lawsuit in an ordinary court. The appeal mentioned in the preceding paragraph shall be regarded as a judicial suit in connection with the interruption of prescription.
Art.50. In case a dispute arises with respect to the contract regarding insurance benefits between the insurer or the Federation and purveyors of medical and allied care or their organizations, the National Health Insurance Appeal Board if requested by other interested party, may mediate the question.
Art.51. In case the National Health Insurance Appeal Board receives a request for mediation as provided for by Article 8-(6), it shall use its offices to negotiate a settlement concerning the purveyors of medical care or the amount of the medical care fee.
Art.52. Any person who is dissatisfied with the amount of contributions or other assessments levied under this Law, with the action taken in collecting such amounts, or with the procedure as provided for in Article 7-(2) und Article 8, may appeal to the National Health Insurance Appeal Board.
Art.52-(2). The National Health Insurance Appeal Board shall be established in Tokyo Metropolis, Hokkaido and each prefecture.
Art.52-(3). The National Health Insurance Appeal Board shall consist of 3 persons representing the insured, 3 persons representing the insurers and 3 persons representing the public interest, and each member shall be appointed by the governor of Tokyo Metropolis, Hokkaido or prefecture.
In case of mediation, the National Health Insurance Appeal Board shall consist of the members mentioned in the preceding paragraph and, in addition, 5 or less temporary members shall be appointed by the governor of Tokyo Metropolis, Hokkaido or prefecture from among purveyors of medical care.
Art.52-(4). The term of office of members of the National Health Insurance Appeal Board shall be 3 years and one-third of the members shall be appointed annually.
The person appointed to fill a Board vacancy shall complete the term of office of his predecessor.
The temporary members shall be discharged at the conclusion of the case to which they were summoned.
Art.52-(5). There shall be a chairman of the National Health Insurance Appeal Board elected by the members from among those members who represent the public interest.
In case of the chairman's absence, an acting chairman shall be elected in the same manner as prescribed in the preceding paragraph.
Art.52-(6). The National Health Insurance Appeal Board shall not ccmmerce proceedings or make a decision without the presence of at least one member representing the insured, one member representing the insurers and one member representing the public interest.
The National Health Insurance Appeal Board shall not commence proceedings or make a decision on a mediation without the presence of at least one member representing the insured, one member representing the insurers one member representing the public interest and one member representing the temporary members.
Art.52-(7). A decision of the National Health Insurance Appeal Board on any appeal or mediation shall be made by a majority of the members and the temporary members present. In case of a tie, the chairman shall make the decision.
Art.52-(8). Any person who is dissatisfied with a decision with regard to payment of benefits or with matters referred to in Art.52 and wishes to appeal, shall do so to the National Health Insurance Appeal Board whose jurisdiction is that of the area where the office of the insurer, who made the decision or action, is located.
The appeal mentioned above may be made through the insurer who made the decision of the action.
Mediation shall be conducted by the National Health Insurance Appeal Board under whose jurisdiction the office of the insurer or the Federation who is the party concerned is located.
When it is fouud that the appeal or mediation belongs to a different jurisdictional area, the National Health Insurance Appeal Board shall transfer the appeal or mediation to the proper district and shall notify the applicant to that effect.
Art.52-(9). An appeal to the National Health Insurance Appeal Board may be made either in writing or verbally.
Art.52-(10). The National Health Insurance Appeal Board shall hold hearing promptly after receiving an appeal. In case, however, it is difficult for the claimant to attend the hearing, the National Health Insurance Appeal Board may hold such hearing on the basis of written statements in case of said procedure.
Art.52-(11). When the National Health Insurance Appeal Board deems it necessary for the purpose of appeals or mediations, they may require the person responsible for the award of insurance benefits, the claimant, the parties concerned in a dispute or other interested parties or witnesses to submit evidence or attend the hearing for questioning and may authorize a doctor to make medical examinations and report his findings.
The governor of Tokyo Metropolis, Hokkaido or prefecture shall grant travelling expenses, daily allowance and hotel charge prescribed by Cabinet Order, to persons who attend a hearing at the request of the National Health Insurance Appeal Board according to the provision of the preceding paragraph.
Art.52-(12). The person responsible for the award of insurance benefits, the claimant, the parties concerned in a dispute and other interested parties and witnesses may express their opinion or submit documentary evidence to the National Health Insurance Appeal Board.
In case the claimant considers it necessary, he may bring an advisor to attend the hearing with him.
In case any interested party cannot attend the hearing, he may authorize a representative to attend in his place.
Art.52-(13). In case a certain limited portion of the case has been settled, the National Health Insurance Appeal Board may make the decision respecting that part first.
Art.52-(14). The decision of the National Health Insurance Appeal Board shall be in written form with explanations.
Art.52-(15). The National Health Insurance Appeal Board shall, after conclusion of a mediation, publish its full account unless both or either party involved indicates otherwise.
Art.52-(16). If the applicant dies before conclusion of the case, the right of appeal shall be transferred to his successor.
Art.52-(17). For the purpose of a lawsuit regarding a decision made by an Association with regard to the matters referred to in Articles 48 and 52, the said Association shall be regarded as a government office.
Art.52-(18). No member of a National Health Insurance Appeal Board or person who is working or has worked for the National Health Insurance Appeal Board shall disclose a secret which be learned while performing his duty.
Art.53. An appeal shall be made or lawsuit instituted within 60 days from the date of receiving a written decision, provided that with respect to an appeal, this time limit may be extended for good cause as determined by the National Health Insurance Appeal Board.
With respect to the institution of a lawsuit as prescribed in the preceding paragraph, Art.158, par.2, and Art.159 of the Code of Civil Procedure shall apply correspondingly.
Art.53-(2). Matters of an administrative nature concerning the National Health Insurance Appeal Board may be provided for by Cabinet Order.
The words "Chapter VI. Miscellaneous Provisions" shall read "Chapter IX. Miscellaneous Provisions" .
Art.54. In case the approval of a city, town or village ordinance is given according to the provision of Art.8-(12), par.2, any General National Health Insurance Association within the area of the city, town or village shall be deemed to have obtained the approval of its dissolution. and any corporate juridical person administering National Health Insurance shall be deemed to have obtained permission to discontinue administering National Health Insurance as provided for in Art.37-(2), par.3.
In case the area of a General National Health Insurance Association covers two or more cities, towns or villages, and the approval of a city, town or village ordinance is given to one city, town or village according to the provision of Art.8-(12), par.2, such General National Health Insurance Association shall be deemed to have obtained the approval of dividing itself according to the district boundaries of the authorized city, town or village.
In case the area of a corporate juridical person administering National Health Insurance covers two or more cities, towns and villages, and approval to administer National Health Insurance is given to the city, town or village according to the provision of Article 8-(12), par.2, such juridical person shall be doomed to have obtained permission to cease administering National Health Insurance as provided for in Art.37-(2), par.3.
Art.54-(2). In case the Minister of Welfare or the governor of Tokyo Metropolis, Hokkaido or the prefecture deems it necessary with respect to insurance benefits, he may have the competent government or public official inspect medical treatment records and account books. In this case the government or public official shall carry the identification certificate with him and show it to the persons concerned at the request of the latter.
Art.54-(3) shall be deleted.
In Art.55, the words "Hokkaido or the prefectures" shall read "Tokyo Metropolis, Hokkaido or the prefecture."
Art.56. In case the competent government official, public official or those who formerly held such positions, without good cause, reveals private or business secrets of license doctors of medicine or dentists which they have learned when inspecting medical treatment records and account books according to the provision of Art.54-(2), they shall be liable to imprisonment not more than 6 months or a fine not exceeding 5,000 yen.
In case other officials reveal such secrets which they have learned while on duty, without good cause, the preceding provision shall apply.
Any person who refused, obstructed or evaded the inspection of the competent government or public official in accordance with the provision of Art.54-(2) shall be liable to a fine or administrative fine of not more than 5,000 yen.
Art.56-(2) shall be deleted.
In Art.57, "100 yen" shall read "5,000 yen."
Supplementary Provisions:
Art.1. This Law shall come into force as from July 1, 1948.
Art.2. The Association established according to Art.11 of the law in force prior to this revision shall be deemed an Association established according to the revised provision of Art.11.
2. In case a corporate juridical person authorized by Art.54 of the law in force prior to this revision still exists when this Law comes into force, it shall be deemed to have obtained permission as provided for in Art.37-(2), par.1.
Art.3. The member of the Board of the Association, the chairman of the Board of the Association, the chairman of the board of the directors and directors shall be elected or appointed not later than 90 days after the date of the enforcement of this Law.
2. As soon as the successors are elected or appointed as provided for in the preceding paragraph, the incumbents of these positions, namely the member of the Board of the Association, the chairman of the board of directors and the directors shall automatically lose their posts.
Art.4. The purveyors of medical care for the Associations or corporate juridical persons administering National Health Insurance and the amount of the medical care fee shall remain as before until such time when they are decided by Arts.8-(4) and 8-(5).
Art.5. The existing National Health Insurance Appeal Board and its officials at the time of the enforcement of this Law shall become the corresponding organ and official thereof provided for by this Law and with the same legal personality.
Art.6. The enforcement of this Law shall not preclude any Association or corporate juridical person, existing or which may be established in the future, from carrying on operations like those mentioned in Chapter 2. However, such Associations or juridical persons may not use the Chinese characters of Kokumin Kenko Hoken Kumiai or Kokumin Kenko Hoken Dantai Rengokai.
Minister of Finance KITAMURA Tokutaro
Minister of Welfare TAKEDA Giichi
Prime Minister ASHIDA Hitoshi