A part of the Health Insurance Law (Law No.70 of 1922) shall be amended as follows:
The words "the competent Minister" shall read "the Welfare Minister."
Article 1. Provision shall be made by health insurance for the payment of benefits to insured in case of sickness, injury and death arising outside of their employment and maternity, and to persons who are supported by them (hereinafter referred to as dependants) in case of sickness, maternity, injury and death.
The term "dependants" mentioned in the foregoing paragraph shall include lineal ascendants, spouse (including the persons who live together as husband and wife without marriage;hereinafter the same) and children of insured persons who are supported by them and the persons who live in the same household, and are mainly supported by the insured.
In Paragraph 1 of Article 2, "or salary which is received by employees of an undertaking as compensation for their service and what corresponds to such," shall read "salary, allowance or bonus which is received by employees of an undertaking as compensation for their sevice and what corresponds to the same. However, this provision shall not apply to what is received extraordinarily, or to allowance or bonus which is received for period over three months or what corresponds to the same," and Paragraph 2 of Article 2 shall be amended as follows:
In case the whole or a part of remuneration is not in cash, the price of such shall be fixed by the prefectural governer according to the current price, in the district concerned.
Special provisions may be made by the Health Insurance Societies according to their regulations, regardless of the provisions of the foregoing paragraph.
Paragraph 2 of Article 3 shall be amended as follows:
The amount of the standard remuneration of the insured person shall be determined on the basis of the monthly amount of the insured persons'remuneration in accordance with the classes prescribed in the following table:
Classification of the Standard Remuneration |
Standard Remuneration |
Monthly Amount of the Remuneration |
Monthly |
Daily |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
The decision of the standard remuneration of insured shall be made as of the date when they are entitled to insurance.
In case the remuneration of the insured is not the same as the former standard remuneration classification, because the remuneration of the said insured has been increased or decreased during any month, the remuneration of said insured shall be revised at the beginning of the following month (however, in case the date of the increase or decrease of the remuneration of said insured was the first day of the month, the revision of the remuneration of the insured shall take place at the beginning of the same month).
The standard remuneration of the insured according to the provision of Article 20 shall be the same as it was before.
Article 3-(2). The monthly remuneration of the insured shall be computed in accordance with the following items:
1) In case the remuneration is determined by the month, week or other definite period, it shall be calculated by dividing the total amount of the renuneration determined as of the date on which the insured became qualified or the date on which his remuneration was increased or decreased, by the total of the days during that period and by multiplying the same by 30;
2) In case remuneration is fixed by the hour, day, output or contract of person entitled to insurance, the average amount of the monthly remuneration of persons engaged in the same business or work and received the same remuneration for one month immediately preceding the month in which a person became entitled to insurance;
In case the remuneration of the insured whose remuneration is fixed in accordance with the preceding paragraph was increased or decreased, the amount of remuneration received for the month in which such fluctuations in remuneration occurred;
3) Regarding what is difficult to be calculated by the preceding two items, the value of the employment received by one who is engaged in the same business or work and received the same remuneration during one month before the day when the insured was qualified or when the remuneration was increased or decreased;
4) In case one receives remuneration which comes under two or more of fhe preceding items, the sum total of the values calculated by each of the said provisions;
5) In case one receives remuneration at two or more business offices at the same time, the sum total of the value calculated by each of the said provisions with regard to each office.
If the monthly value of the remuneration of the insured is difficult to be calculated by the said provisions or if the value calculated by the said provisions is remarkably improper, despite the said provisions, the insurer shall calculate by other methods.
If the insurer is a Health Insurance Society, method of calculation mentioned in the preeeding paragraph shall be decided by regulations.
The following two paragraphs shall be added to Article 6:
No income tax or juridical person tax shall be assessed on the Health Insurance Society.
No local public entity shall be authorized to collect the local tax for the operations of the Health Insurance Society.
Paragraph 2 of Article 11 shall read as follows:
If a delinquent notice is necessary in accordance with the foregoing provisions, an insurer shall issue a pressing letter to those who are under obligation to pay. In this case 10 yen shall be charged as the pressing fee.
If pressing is made by the foregoing provisions, arrears shall be collected which are calculated by the days from the day after the term of payment to the day hefore the full payment of charges or the attachment or property at the rate of 5 sen per day for a charge of 100 yen. If, however, if comes under any of the following, or if extenuating circumstances regarding arrearage are recognized, this rule shall not be applicable:
1) If the charged rate in a payment notice is less than 100 yen;
2) If the time of payment is advanced and collection is made;
3) If the notice or pressing of payment is made by the method of sending official notice owing to the fact that the address and residence of one who is under obligation to pay is not within Japanese territory, or his address as well as residence is not clear.
If the charged rates and commission are fully paid within the term fixed in the pressing letter, or if the total counted by the foregoing provisions is less than 1 yen, the arrears shall not be collected.
Article 12. If the insured who is employed in the undertaking of the state, or who is employed by local public entities, is a Member of the Mutual Aid Association in accordance with other laws, he shall not be given insurance benefits provided for by this Law.
The kind and degree of the benefits of the said Association shall be equal to or above the kind and degree of the benefits provided for by this Law.
Article 12-(2). The Welfare Minister may require the Mutual Aid Associations described in the preceding paragraph to report regarding facts and may give instruction on the management of the Associations by inspecting conditions of their undertaking and property.
Article 12-(3). Regarding those who are not given insurance benefits by the foregoing provisions, a premium shall not be collected.
Article 13. Those who are employed in the offices of the undertaking mentioned in the following items shall be entitled to Health Insurance:
1) The offices of the following undertakings which constantly employ five persons or more:
a. Undertakings in which articles are manufactured, altered, cleaned, ornamented, repaired, broken up or demolished;
b. Mines, quarries or other works for the extraction of minerals from the earth;
c. Undertakings engaged in the generation or transmission of electricity in the production or destribution of motive power;
d. Undertakings engaged in the transport of passengers or goods;
e. Undertakings engaged in loading or unloading;
f. Undertakings engaged in the sale or distribution of goods;
g. Undertakings engaged in the finance or insurance;
h. Undertakings engaged in the loan, administration of goods;
i. Undertakings engaged in the negotiation of goods or services of any kind;
j. Undertakings engaged in the collection, guidance or advertisement;
k. Undertakings engaged in the incineration, sweep or butchery.
2) The office of the state, or juridical persons which constantly employ five persons or more.
Article 13-(2). Persons who come under any of the following items shall not be entitled to Health Insurace, regardless of the provisons of the preceding Article:
1) The insured included under Seamen's Insurance (exclding the insured in accordance with the provisions of Paragraph 1 of Article 20 of the Seamen's Insurance Law);
2) Persons who are employed temporarily:If, however, persons who come under item (a) come to be employed succesively beyond the appointed time, or if persons who come under item (b) come to be employed successively beyond one month, this rule shall not apply:
a. Persons who are employed not more than full two months;
b. Persons who are engaged daily.
3) Persons who are engaged in seasonal jobs (excluding persons who are employed successively beyond four months);
4) Persons who are employed in temporary commercial establishments and offices (excluding persons who are employed successively beyond six months);
5) Persons who are employed in commercial establishments and offices having no fixed location;
6) Persons who are employed by the National Health Insurance Association or in the offices of a corporate juridical person administering the National Health Insurance;
7) Persons who are employed by the life insurance companies and canvass for life insurance and receive no regular remuneration.
In case a person who is to be the insured of the Health Insurance according to the preceding Article becomes an insured person of the National Health Insurance with the approval of the insurer or the Mutual Aid Association prescribed in Article 12, he shall not be an insured party of the Health Insurance during that period.
In Article 20, "as provided for by Cabinet Order" shall read as follows "if he applies to be insured within ten days from the day when he lost the qualification (regarding one who has been granted insurance benefits in succession, from the day when he came to get no benefit)" and the following proviso and one paragraph shall be added;
however, the insured to the Seamen's Insurance (excluding the insured in accordance with the provisions of Paragraph 1 of Article 20 of the Seamen's Insurance Law) shall be excepted from the application of this rule.
Even the application made later than the time limit as provided for in the foregoing paragraph may be received in case the insurer deems that there is proper reason for it.
Article 21. If the insured in accordance with the preceding Article comes to fall within the purview of the following item, he shall lose the qualification from the following day. However, in case of items 4 and 5, he shall lose the qualification from that day:
1) After the lapse of six months from the day he became insured;
2) In the event of the insured having died;
3) In case the premium is not paid even after the lapse of 10 days from the date of payment thereof;
4) If he comes to be insured under Article 13 or 15 of this Law;
5) If he comes to be insured to Seamen's Insurance (excluding the insured as provided for by Article 20 of the Seamen's Insurance Law).
In Article 42-(2), Par.4, "when he deems it necessary for the general welfare of the insured" shall be added to "the competent Minister to the Health Insurance Society."
Article 43-(2), Paragraph 2 shall be deleted.
Article 43-(3). Insurance doctors and insurance pharmacists shall be appointed by the Prefectural Governor from among licensed doctors of medicine, licensed dentists and licensed pharmacists.
The agreement by doctors, dentists or pharmacists shall be necessary for the appointment as stated above.
The insurance doctors or insurance pharmacists who were appointed according to Paragraph 1 shall exercise the medical treatment and the granting of the medicine under the supervision of the Prefectural Governor in accordance with the stipulations of Order.
Insurance doctors and insurance pharmacists may resign their position as they desire.
In case an insurance doctor or an insurance pharmacist wishes to resign in accordance with the preceding paragraph, he shall submit a statement of his resignation more than one month in advance.
Article 43-(4). Insurance doctors and insurance pharmacists shall manage kindly and carefully the affairs of medical treatment of the insured and their dependants.
If insurance doctors or insurance pharmacists neglect their obligation of giving medical treatment, the Prefectural Governor may cancel the foregoing appointment.
Article 43-(5). The Central Social Insurance Medical Care Advisory Council and Local Social Insurance Medical Care Advisory Council shall be organized to guide and supervise insurance doctors for proper social insurance medical care.
The members of the said Council shall be appointed by the Welfare Minister for the Central Social Insurance Medical Care Advisory Council and by the Prefectural Governor for the Local Social Insurance Medical Care Advisory Council, in equal number from among the representatives of the insurers, the insured and employers, physicians and dentists, and of the public interest.
The above appointment of persons who are to represent the insured and employers, and physicians and dentists shall be made upon the recommendation of the organizatoin concerned.
Article 43-(6). The amount of cost which insurance doctors, insurance pharmacists, or persons who employ them are to ask the insurer concerning medical treatment, shall equal the amount determined for medical treatment.
The medical care claims as submitted for medical treatment given to the insured, shall be calculated by the insurer in accordance with fee schedule determined by the Welfare Minister.
The Welfare Minister in making determination according to the provision of the preceding paragraph, shall consult the Social Insurance Medical Fee Calculating Committee.
Article 43-(7). For the purpose of examining the proper medical care fee in the Health Insurance, the Social Insurance Medical Fee Calculating Committee shall be established.
The members of the said Committee shall be appointed by the Welfare Minister in equal number from among the representatives of the insurers, the insured and employers, physicians and dentists, and of the public interest.
The above appointment of persons who are to represent the insured and employers, and physicians and dentists shall be made upon the recommendation of the organization concerned.
Article 44. If the insurer finds it difficult to give medical treatment benefits, or if it is considered necessary to provide the cost of medical treatment for the medical treatment given to the insured by doctors, dentists or others who are not insurance doctors or persons designated by the insurer, in time of urgency or owing to unavoidable circumstances, the cost of medical treatment may be given in place of medical treatment benefits.
Article 44-(2). The amount of cost of medical treatment to be given in accordance with the provisions of the foregoing Article, shall be decided by the insurer, based upon the amount required for medical treatment.
In the case of the foregoing paragraph, the amount of cost of medical treatment shall not exceed the actual cost.
As regard the calculation of expenses required for medical treatment mentioned in Paragraph 1, the provisions of Paragraph 2 and Paragraph 3 of Article 43-(6) shall apply with necessary modifications.
In Article 45, the words "daily remuneration" shall read "standard daily remuneration" .
In Article 46, the words "may be reduced according to Cabinet Order" shall read "if, in the event the insured does not have a family to support, the amount shall be equal to 4% of the standard daily remuneration" .
In Article 47, Paragraph 2 the words "beyond the period stated in the preceding paragraph according to Cabinet Order" shall read "for a year and a half after the lapse of the period of the foregoing paragraph" .
In Article 49, Paragraph 1, "monthly remuneration" shall read "standard monthly remuneration" , and the proviso to the same paragraph shall be amended as follows:
"If, however, the said sum is less than 2,000 yen then 2,000 yen shall be given" .
Article 50. In the event of the insured having been brought to bed because of childbirth, the payment of an amount equal to one half of her standard monthly remuneration shall be made for confinement. If, however, the said sum is less than 1,000 yen, then 1,000 yen shall be given.
In case the insured is incapable of work because of confinement, the insured shall be given the maternity allowance of the amount equal to 60% of the standard daily remuneration for 42 days before and 42 days after childbirth.
Article 50-(2). In case the insured has been delivered of a baby, if she nurses the same baby,100 yen per month shall be granted as the nursing allowance, continually for 6 months counting from the day of her childbirth;the period less than 1 month shall be calculated as 1 month.
The nursing allowance shall be granted, even though the insured has given birth to a child within 6 months from the clay of her loss of qualification, or though the insured who is receiving the nursing allowance has lost her qualification.
Article 51.Paragraph 2 shall be amended as follows;
"The amount of expense which is to be paid to the insured who is admitted in a maternity hospital or a hospital or in a clinic shall be what corresponds to half the amount which should be paid in accordance with the provisions of Paragraph 1 of Article 50.
As regards the maternity allowance which is to be granted to the insured who is admitted in a maternity hospital, or a hospital or a clinic, the provisions of Article 46 shall apply correspondingly.
In Article 55, "for a period of time regulated by Cabinet Order" shall read "for a period of time until benefits are not required" .
In Article 57, "within a definite period of time appointed by Cabinet Order" shall read "within six months" .
In Article 57-(2), the words "such persons as regulated by Cabinet Order" shall be deleted.
Article 57-(3). As regards the same disease or injury or the disease resulting therefrom, the benefit and allowance for medical treatment shall not be given, if they fall within the purview of any of the following items:
1) If the insured comes to be able to receive an accident annuity or an accident allowance provided for by the Welfare Pension Insurance Law;
2) In the event of diseases or injuries not being cured after two years from the beginning of the benefit for medical treatment.
Article 58. A sickness and injury allowance or a maternity allowance shall not be given to those who can receive the whole or a part of remuneration during the period when they suffer from a disease, injury, or confinement. However, if the amount of the remuneration which they can receive is less than that of a sickness and injury allowance or a maternity allowance, the balance shall be paid.
Article 59. In the event the insured mentioned in the preceding Article does not receive the whole or a part of their remuneration which they are eligible to receive, by contract, at the time of sickness, injury or maternity;the whole amount of the sickness and injury allowance or the maternity allowance, or the difference between the said allowances and remuneration received if the remuneration received is less than that of the said allowances, shall be given to them by the insurer. However, in case the insured received a part of the said allowances in accordance with the proviso to the preceding Article, such amount of the allowances shall be deducted from the balance payable to the in sured.
The sum paid by the insurer in accordance with the provisions of the foregoing paragraph shall be collected from employers.
Article 59-(2). In the event of dependants having received the medical treatment from the doctor chosen by them from among insurance doctors, pharmacists or persons designated by the insurer, family treatment expenses necessary to medical care shall be paid to the insured.
The sum being equal to 50% of expenses necessary to medical care shall be allowed as family treatment expenses, provided that it shall not be more than 50% of actual amount paid.
"In the event the dependants having received medical treatment from insurance doctors, pharmacists or persons designated by the insurer, the insurer may pay expenses necessary to medical treatment as family treatment expenses, to the doctors, etc. mentioned above instead of the insured within the limits of the fixed sum to be paid to the insured.
In the event of expenses having been paid to insurance doctors, insurance pharmacists or persons designated by the insurer or persons who employ them, in accordance with the provisions of the foregoing paragraph, family treatment expenses shall be deemed to have been paid to the insured within the limits of the actual amount paid.
The provisions of Article 43, Article 43-(2), Article 43-(6) Paragraph 2 and 3, Article 44, Article 44-(2), Article 55 and Article 57-(3) shall apply with necessary modifications to family treatment expenses.
Article 59-(3). In the event of the death of a dependant, the insured shall be paid a burial fee of 1,000 yen.
Article 59-(4). In case the wife of the insured has been delivered of a baby,500 yen shall be granted to the insured as the expenses of childbirth.
In the case under the preceding paragraph, when she nurses the same borne child, the nursing allowance shall be granted to the insured.
As to the granting of the nursing allowance under the preceding paragraph, the provision of Article 50-(2), Paragraph 1 shall apply with necessary modifications.
Article 59-(5). Notwithstanding the provisions of paragraph 1 of Article 59-(2), the insurer may entrust the matter of the payment of family treatment expenses to the city, town or village which undertakes the functions of the National Health Insurance or the National Health Insurance Society or to the corporate juridical person which undertakes the function of the National Health Insurance (hereinafter referred to as those who exercise National Health Insurance). In the above cases the insurer shall pay the necessary expense to those who exercise National Health Insurance.
As regards the payment of family treatment expenses to the insured by those who exercise National Health Insurance with the authority to act for the insurer in accordance with the provisions of the foregoing paragraph, the provisions of Paragraph 3 of Article 59-(2) shall apply with necessary modifications.
In Paragraph 4 of Article 62, "Paragraph 2 of Article 1" shall read "the latter part of Paragraph 1 of Article 1."
Article 64. In the event of the insured having received or tried to receive insurance benefit by fraud or other dishonest methods, a decision may be made by the insurer for nonpayment of the whole or part of sickness and injury allowance or the maternity allowance payable for a period of six months;however, this decision can not be made after a lapse of one year.
Article 66. Medical treatment expenses, a sickness and injury allowance, a maternity allowance, a burial fee, delivery expenses, family treatment expenses, a family burial fee wife's delivery expenses and nursing allowance shall be paid on all occasions when eligible. As regards burial expenses mentioned in Paragraph 2 of Article 49 or in Paragraph 2 of Article 56, this rule shall also apply.
Notwithstanding the provisions of the foregoing paragraph, a sickness and injury allowance, a maternity allowance and nursing allowance may be paid on a fixed date every month.
Paragraph 2 of Article 69-(2) shall be deleted.
Article 69-(3). In case the insurer is the Health Insurance Society, besides the benefits stipulated in this Chapter other benefits may be granted according to the articles of the Society.
In Article 70, "as provided for by Cabinet Order" shall read "within the limit of the annual budget."
Article 70-(2). The administrative cost of the Health Insurance Societies, which are transferred from the Government subsidy shall be computed by the Welfare Minister on the basis of the number of the insured persons of such Societies.
The cost mentioned in the foregoing paragraph may be approximately estimated and allocated.
Paragraph 2 of Article 71 shall be amended as follows:
The monthly premium shall be the amount which is calculated by multiplying the standard monthly remuneration of the insured by the fixed premium rate.
Notwithstanding the provisions of the foregoing paragraph, in the event of a person included under insurance from the preceding month having become no longer entitled to insurance, the premium of the month concerned shall not be collected.
Article 71-(2). The premium of the insured according to the provisions of Article 20 shall be calculated as from the month of being entitled to insurance.
In case of the foregoing paragraph, the premium of each succeeding month shall be calculated according to the foregoing Article.
Article 71-(3). In the event of the insured being entitled to insurance from the foregoing month or the insured, in the month be is entitled to insurance, having fallen within the purview of any of the items of paragraph 1 of Article 62, the premium of the former shall not be collected after the month concerned, and the premium of the latter shall not be collected after the next month, until the month prior to the month when they come not to fall within the purview of any of the items mentioned above. However, in case they ceased to fall within the purview of any of the items of the paragraph of the Article mentioned above, during the same month when they had fallen within the said purview, the premium shall be collected.
Article 71-(4). The rate of premium of the Government managed Health Insurance shall be 4% except the following case:
The Minister of Welfare, in case there is any shortage in the expenses to be appropriated. with the premiums, to the expenses of the insured benefits and the expenses of the insurance facilities, or in case there is any surplus, the premium may be changed within the limit of 3.6% to 4.4% based upon the opinion of the Health Insurance Advisory Committee.
The rate of premium of the Health Insurance managed by Health Insurance Society shall be decided within the limit of 3% to 8% according to the regulation prescribed in the Cabinet Order.
The decision of the rate of premium prescribed in the preceding paragraph shall be made with the approval of the Welfare Minister.
In Article 75, "Article 74 or Cabinet Order issued upon Article 73" shall he deleted.
Article 75-(2). In case the amount of the contribution to be borne by the insured who is member of the Health Insurance Society exceeds 2.5% of the monthly standard remuneration per month, the employer shall pay the excess.
Article 78. When paying remuneration to the insured in cash, the employer may deduct from his remuneration the premium which is to be borne by the insured for the month immediately preceding.
Regardless of the provision of the preceding paragraph, in paying the remuneration, the employer may deduct the premium for the month immediately preceding and for the current month which is to be borne by the insured, at the time of settlement of his remuneration, in case the insured ceased to be an employee of the undertaking.
The employer, in case he deducts the premium in accordance with the preceding two paragraphs, shall make a statement of that deduction and shall notify the insured of the amount deducted.
Article 79. The premium of every month shall be paid by the end of next month.
In case, after the notice for the payment of the premium has been made, the insurer notices that the sum of premium notified is in excess of the sum which the obligater should pay, or in case he notices that the sum of premium already paid is in excess of the due amount, the notice for the payment, or the payment, for the excess may be regarded as having been made in accordance with the advance of the date of payment concerning the premium to be paid within the period of six months after the said notice of payment or the said payment is made.
If in accordance with the provision of the preceding paragraph, it is regarded that the date of payment was advanced and the notice of payment or the payment has been made accordingly, the insurer shall notify the obligator concerned of it.
Article 79-(2). In case the obligator who is to pay the premium comes under any of the following items, the premium may be collected even before the due date:
1) In sase actions pertaining to delinquency for national tax, local tax and other public levies have been made;
2) In case the office where the insured has been employed is abolished;
3) In case of compulsory seizure;
4) In case adjudicated insolvent;
5) In case auction is to be made;
6) In case the juridical person where the insured has been employed is to dissolve.
"Chapter VI. Demand for Investigation, Petition and Lawsuit" shall be amended as "Chapter VI. Appeal and Lawsuit."
In Article 80, Paragraph 1, "The Social Insurance Appeal Board" shall read "The Health Insurance Appeal Board."
Article 81. 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 11-(2) of this Law, may appeal to the Health Insurance Appeal Board.
Article 81-(2). The Welfare Minister shall appoint Insurance Referee in each prefecture and shall choose them from among local officials who are 2nd class secretaries.
Article 82. The Health Insurance Appeal Board shall be established in the Welfare Ministry.
Article 83. The Health Insurance Appeal Board shall consist of 3 persons representing the insured persons, 3 persons representing the employers and 3 persons representing public interest, and each member shall be appointed by the Welfare Minister.
Article 83-(2). The term of office of members of the Health Insurance Appeal Board shall be 3 years, and one-third of the members shall be appointed annually.
The persons appointed to fill a Board vacancy shall complete the term of office of his predecessor.
Article 83-(3). There shall be a chairman of the Health Insurance Appeal Board elected by the members from among those members who represent public interest.
In case of the chairman's absence, an acting chairman shall be elected in the manner as prescribed in the preceding paragraph.
Article 83-(4). The Health Insurance Appeal Board shall not commence proceedings or make a decision without the presence of at least one member representing the insured persons, one member representing the employers, and one member representing public interest.
Article 83-(5). A decision of the Health Insurance Appeal Board shall be made by a majority of those present. In case of a tie, the chairman shall make the decision.
Article 83-(6). Any person who is dissatisfied with a decision with regard to payment of insurance benefits and wishes to make an appeal shall do so to the Insurance Referee who is competent over the district of jurisdiction of the Prefectural Governor who made the decision or over the area where the office of the Health Insurance Society which made the decision is located.
The appeal mentioned above may be made through the Prefectural Governor who made the decision or the Health Insurance Society which made the decision with regard to the payment of benefits or through the Prefectural Governor or the Insurance Referee who are competent over the residence of the claimant.
When it is found that the appeal in accordance with the preceding paragraph belongs to the district of a different jurisdictional area, the Insurance Referee shall transfer the appeal to the proper district and shall notify the applicant to that effect.
Article 83-(7). An appeal to the Insurance Referee or the Health Insurance Appeal Board may be made either in writing or verbally.
Article 83-(8). The Insurance Referee and the Health Insurance Appeal Board shall hold a hearing promptly after receiving an appeal. In case, however, it is difficult for the claimant to attend the hearing, the Insurance Referee, and the Health Insurance Appeal Board may hold such a hearing on the basis of written statements in lieu of said procedure.
Article 83-(9). When the Insurance Referee or the Health Insurance Appeal Board deems it necessary, they may require the person responsible for the award of insurance benefits, the employer, the claimant 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 Prefectural Governor, with respect to hearings held by the Insurance Referee, and the Welfare Minister, with respect to hearings held by the Health Insurance Appeal Board, shall grant travelling expenses, daily allowance and hotel charge, as prescribed by Cabinet Order, to persons who attend the hearing at the request of the Insurance Referee or the Health Insurance Appeal Board according to the provision of the preceding paragraph.
Article 83-(10). The person responsible for the award of insurance benefits, the employer, the claimant and other interested parties and witnesses may express their opinion or submit documentary evidence to the Insurance Referee or the Health Insurance Appeal Board.
In case the claimant considers it necessary, he may accompaing an advisor to the hearing.
In case any interested party cannot attend the hearing, he may authorize a representative to attend in his place.
Article 83-(11). In case a certain limited portion of the case has been settled, the Insurance Referee or the Health Insurance Appeal Board may make the decision respecting that part first.
Article 83-(12). The decision of the Insurance Referee and the Health Insurance Appeal Board shall be made in written form with explanations.
Article 83-(13). If the applicant dies before conclusion of the case, the right of appeal shall be transferred to his successor.
Article 84-(2). For the purpose of a lawsuit regarding a decision made by a Health Insurance Society with respect to the matters referred to in Articles 80 and 81, the said Society shall be regarded as a government office.
Article 85. No Insurance Referee, member of the Health Insurance Appeal Board, or person who is working or has worked for the Health Insurance Appeal Board shall disclose a secret which he learned while performing his duties.
Article 86. An appeal shall be made or a 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 Insurance Referee or the Health Insurance Appeal Board, as appropriate.
With respect to the institution of a lawsuit as prescribed in the preceding paragraph, Par.2 of Art.158 and Art.159 of the Code of Civl Procedure shall apply correspondingly.
Article 86-(2). Matters of an administrative nature concerning the Insurance Referee and the Health Insurance Appeal Board may be provided for by Cabinet Order.
In Article 88-(3), "Article 80-(2)" shall read "Paragraph 1 of Article 83-(9)."