Law for Partial Amendments to the Health Insurance Law
法令番号: 法律第37号
公布年月日: 昭和24年4月30日
法令の形式: 法律
I hereby promulgate the Law for Partial Amendments to the Health Insurance Law.
Signed:HIROHITO, Seal of the Emperor
This thirtieth day of the fourth month of the twenty-fourth year of Showa (April 30, 1949)
Prime Minister YOSHIDA Shigeru
Law No.37
Law for Partial Amendments to the Health Insurance Law
A part of the Health Insurance Law (Law No.70 of 1922) shall be amended as follows:
The proviso in Article 2, paragraph 1 shall be amended as follows:
Provided that this definition shall not include such earnings as may be received at extraordinary intervals or less regularly than every three months.
In Article 3, paragraph 1 shall be repealed and paragraph 2 shall be amended as follows:
The amount of standard remuneration of insured person shall be determined on the basis of the monthly amount of the insured person's remuneration in accordance with the classes prescribed in the following table:
Classification of Standard
Standard Remuneration
Remuneration
Monthly
Daily
1st class
\2,000
\70
Monthly Amount of Remuneration Less than \2,250
2nd ,,
2,500
85
\2,250 or over, but less than \2,750
3rd ,,
3,000
100
2,750 ,, ,, 3,250
4th ,,
3,500
115
3,250 ,, ,, 3,750
5th ,,
4,000
130
3,750 ,, ,, 4,250
6th ,,
4,500
150
4,250 ,, ,, 4,750
7th ,,
5,000
170
4,750 ,, ,, 5,500
8th ,,
6,000
200
5,500 ,, ,, 6,500
9th ,,
7,000
230
6,500 ,, ,, 7,500
10th ,,
8,000
270
7,500 ,, ,, 8,500
11th ,,
9,000
300
8,500 ,, ,, 9,500
12th ,,
10,000
330
9,500 ,, ,, 11,000
13th ,,
12,000
400
11,000 ,, ,, 13,000
14th ,,
14,000
470
13,000 ,, ,, 15,000
15th ,,
16,000
530
15,000 ,, ,, 17,000
16th ,,
18,000
600
17,000 ,, ,, 19,000
17th ,,
20,000
670
19,000 ,, ,, 21,000
18th ,,
22,000
730
21,000 ,, ,, 23,000
19th ,,
24,000
800
23,000 ,, ,, 23,000
Article 6-(2) shall be added immediately after Article 6 as follows:
Article 6-(2). No registration tax shall be imposed on the registration of the acquisition of right or the preservation of ownership of a building or land used exclusively by a Health Insurance Society as an office or facility as prescribed in Article 23.
In the principal clause of Article 11, paragraph 3, "5 sen" shall read "20 sen" ;in item 1 of the same paragraph, "100 yen" shall read "1,000 yen" ;in paragraph 4 of the same Article, "preceding paragraph" and "1 yen" shall read "preceding two paragraphs" and "10 yen" , respectively; "if there is a fraction of less than 20 yen in the amount of delinquency fee, such fraction shall not be collected" shall be added as the latter part of the same paragraph of the same Article;the same paragraph shall be paragraph 5 and the following paragraph shall be added as paragraph 4 of the same Article:
If there is a fraction of less than 1,000 yen in the amount of contributions charged, delinquency fees shall be calculated disregarding such fraction.
In Article 11-(2), paragraph 1, next to "the city, town or village where the defaulters live" shall be added"the city, town or village (including ward in such areas of Tokyo Metropolis where wards exist and in such cities as designated according to the provisions of Article 155, paragraph 2 of the Local Autonomy Law;the same shall apply hereinafter) where defaulters live and paragraph 4 of the same Article shall be deleted.
In Article 22, paragraphs 2 through 4 shall be deleted.
In Article 42-(2), paragraph 5, "Article 23" shall read "Articles 6, 6-(2), 23" .
In Article 43-(2), the following paragraph shall be added:
The insured person who receives benefits in accordance with the provisions of the preceding paragraph shall be subject to pay as a partial charge an amount equal to the first consultation fee which is to be calculated upon the basis determined by the Minister of Welfare according to the provisions of Article 43-(6), paragraph 2;provided that a Health Insurance Society may prescribe in the Articles of the Society other methods of paying a partial charge for those the receive benefits from a person appointed by the Society within the limitation of the amount of the abovementioned partial charge.
In Article 43-(3), paragraph 1, "in accordance with the procedures prescribed by Ministerial Ordinances" shall be added immediately after "Insurance doctors and pharmacists shall be appointed" .
In Article 43-(4), paragraph 1, "and shall observe the directions prescribed by the Minister of welfare shall be added immediately after" insurance doctors and pharmacists shall exercise kindness or care";in the same Article, paragraph 2 shall be amended as paragraph 3 and the following paragraph shall be added as paragraph 2:
The Minister of Welfare, in determining the directions prescribed in the preceding paragraph, shall consider the views of the Central Social Insurance Medical Care Advisory Council.
In Article 43-(6), paragraph 1, "less the amount of the partial charge" shall be added immediately after "the amount prescribed for such medical care" .
In Article 44-(2), paragraph 1, "less the amount of the partial charge" shall be added immediately after "the amount prescribed for medical care" .
The proviso in Article 49, paragraph 1 shall be deleted.
The proviso in Article 50, paragraph 1 shall be deleted.
In Article 50-(2), paragraph 1, "100 yen" shall read "200 yen" and paragraph 2 of the same Article shall be deleted.
In Article 59-(2), paragraph 5, "Article 43-(2)" shall read "Article 43-(2), paragraph 1" .
In Article 59-(3), "1,000 yen" shall read "2,000 yen" .
In Article 59-(4), paragraph 1, "500 yen" shall read "1,000 yen" ;in paragraph 3 of the same Article, "Article 50-(2), paragraph 1" shall read "Article 50-(2) and Article 55" .
In Article 62, paragraph 3, "Article 46 and Article 51, paragraph 2" shall read "Article 46 and Article 51, paragraphs 2 and 3" .
In Article 69-(2), "Article 62, paragraphs 1 and 2" , shall read "Article 61, Article 62, paragraphs 1 and 2, Article 63" .
In Article 71-(4), paragraph 1, "4 per cent" shall read "5 per cent" ;in paragraph 2 of the same Article, "3.6 per cent to 4.4 per cent" shall read "4.5 per cent to 5.5 per cent" and "Health Insurance Committee" shall read "Health Insurance Advisory Council" .
In Article 75-(2), "2.5 per cent" shall read "3 per cent" .
"Chapter VII" shall be amended as "Chapter VIII" and "Chapter VI" to "Chapter VII" and next to Article 79-(2) the following Chapter shall be added:
Chapter VI Health Insurance Advisory Council
Article 79-(3). The Health Insurance Advisory Council (hereinafter referred to as the "Council" ) shall be established in the Ministry of Welfare and shall study and advise relative to the administration and operation of Government-managed Health Insurance.
Article 79-(4). The Council shall investigate, deliberate and make written recommendations relative to the administration and operation of Government-managed Health Insurance as requested by the Minister of Welfare, and shall have the right to make such written recommendations on its own initiative to the Minister of Welfare and other Ministers concerned.
"The Minister of Welfare shall request the opinion of the Council before acting upon matters involving planning, legislation, or major administrative policy concerning Government-managed Health Insurance.
Article 79-(5). The Council shall consist of six members representing the insured, six members representing the employers and six members representing the public interest, including representatives of the medical profession.
Each member shall be appointed by the Minister of Welfare.
Article 79-(6). The members'term of office shall be two years, and one-half of the members shall be appointed annually.
The term of office for a member appointed to fill a vacancy shall be the remainder of the term of office of his predecessor.
Article 79-(7). There shall be a chairman of the Council elected by the members from among these members who represent the public interest.
The chairman shall preside over the affairs of the Council and shall represent the Council.
In case of the chairman's absence, an acting chairman who is elected in the manner prescribed in paragraph 1 shall act for the chairman.
Article 79-(8). The Minister of Welfare shall produce such data and information concerning Health Insurance as the Council may request.
Article 79-(9). The Council shall be convened as often as necessary, and at least once every three months unless good cause is shown.
Article 79-(10). The Council shall be convened at the direction of the chairman.
When requested by the Minister of Welfare or by one-third or more of the members, the Council shall be convened within two weeks of such request.
Article 79-(11). Within sixty days after the close of each fiscal year, the Council shall submit a written report to the Minister of Welfare concerning its activities and findings and a summary of its recommendations during the fiscal year concerned.
Article 79-(12). There shall be secretaries, not exceeding eight, for the Council and such secretaries shall be appointed by the Minister of Welfare from among the staff of the Ministry of Welfare and men of learning and experience.
The secretaries shall be at the service of the members of the Council whenever requested by such members for the purpose of rendering technical advice and administrative aid.
Article 79-(13). There shall be clerks, not exceeding five, for the Council and such clerks shall be appointed by the Minister of Welfare from among the staff of the Ministry of Welfare.
The clerks shall perform clerical duties under the supervision of their superiors.
Next to Article 84-(2), the following two Articles shall be added:
Article 84-(3). There shall be secretaries, not exceeding six, for the Health Insurance Appeals Board and such secretaries shall be appointed by the Minister of Welfare from among the staff of the Ministry of Welfare.
The secretaries shall be at the service of the members of the Health Insurance Appeals Board whenever requested by such members for the purpose of rendering technical advice and administrative aid.
Article 84-(4). There shall be clerks, not exceeding five, for the Health Insurance Appeals Board and such clerks shall be appointed by the Minister of Welfare from among the staff of the Ministry of Welfare.
The clerks shall perform clerical duties under the supervision of their superiors.
In Article 87, paragraph 1, "6 months" shall read "1 year" , "5,000 yen" shall read "30,000 yen" , and paragraphs 3 and 4 of the same Article shall be deleted.
Article 88 shall be amended as follows:
Article 88. If an employer who employs the insured comes under any of the following items without good reason, he shall be subjected to imprisonment for a period of not more than 6 months or a fine of not more than 30,000 yen:
(1) In case of refusal to make reports, making false reports, refusing to present documents or refusing to attend a hearing, as prescribed in this Law;
(2) In case of refusal to answer or making false statement in reply to the inquiry of a competent government or local official, or refusing, hindering or evading an inspection by such official, as prescribed in this Law;
(3) In case of failing to pay, by the time designated in the demand letter, the contribution prescribed in the principal clause of Article 77.
Article 88-(2) shall be amended as follows:
Article 88-(2). If a person to be granted insurance benefits or any other person concerned, except a person described in the preceding Article, comes under any of the following items without good reason, he shall be subjected to imprisonment for a period of not more than 6 months or a fine of not more than 10,000 yen:
(1) In case of refusal to make reports, statements or applications, making false reports, statements or applications, refusing to present decuments, refusing to attend a hearing or refusing to undergo medical examination by licensed doctors, as prescribed in this Law;
(2) In case of refusal to answer or making false statements in reply to the inquiry of a competent government or local official, or refusing, hindering or evading an inspection by such official, as prescribed in this Law.
Article 83-(3) shall be deleted.
In Article 91, "Article 87, paragraph 3 or 4" shall be deleted.
Supplementary Provisions:
1 This Law shall come into force as from May 1, 1949. However, the amended provision of Article 71-(4), paragraph 1 shall apply as from April 1, 1949.
2 As to the person who is qualified as an insured person before the date of enforcement of this Law and so continues, his or her standard remuneration shall be computed as though such person obtained his or her qualification on the date of enforcement.
3 A deliquency fee on a contribution demanded by a pressing letter before the date of enforcement of this Law shall be regulated by former examples.
4 Any person who is a member, secretary or clerk of the Health Insurance Committee at the time of the enforcement of this Law, shall be considered to be appointed as a member, secretary or clerk, respectively, of the Health Insurance Advisory Council. However, the tenure of such members of the Council shall be computed as of the dates on which they were appointed or commissioned as members of the Health Insurance Committee.
Minister of Finance IKEDA Hayato
Minister of Welfare HAYASHI Joji
Prime Minister YOSHIDA Shigeru