(Advice on Establishment and Expansion of Tuberculosis Sanatorium)
Article 33. When the Minister of Welfare deems it necessary, he may advise To, Do, Fu or prefectures, cities and other local public bodies, when deemed necessary, to establish or expand a tuberculosis sanatorium.
(Medical Treatment of General Patients)
Article 34. To, Do, Fu or prefecture may, for the purpose of disseminating proper treatment of tuberculosis, bear one half of the expenses required by the tuberculous patients living in its area for the medical treatment prescribed by Ministerial Ordinance to be received at the hospitals or clinics specified in accordance with the provisions of Article 36 (hereinafter referred to as "the specified medical institution" ), upon the request of such patients or their caretakers. However, this shall not apply if such patients are the persons eligible for medical treatment under the provisions of the Undemobilized Person's Compensation Law (Law No.182 of 1947) or Law for Allowance to Special Non-Repatriates (Law No.279 of 1948).
2 The request mentioned in the preceding paragraph shall be made to the governor of To, Do, Fu or prefecture through the chief of a health center having jurisdiction over the place of residence of the patient concerned.
3 In making a decision upon the request mentioned in the preceding paragraph, the governor of To, Do, Fu or prefecture shall hear the opinion of the Tuberculosis Advisory Committee established in the health center concerned.
4 When 6 months have elapsed after the request mentioned in paragraph 1 was made, the bearing of the expenses based upon the said request shall be discontinued.
(Medical Treatment of Patients Subjected to Prohibition of Work or Compulsory Hospitalization)
Article 35. If, in cases where the governor of To, Do, Fu or prefecture has imposed prohibition in accordance with the provisions of Article 28 or has ordered to be hospitalized or caused to be hospitalized at sanatorium in accordance with the provisions of Article 29, the patients concerned are the persons amenable to the Daily Life Security Law or are considered as having difficulty in receiving medical treatment on account of economic circumstances, To, Do, Fu or prefecture may bear, in whole or in part, the expenses required by such patients for the medical treatment to be received at the specified medical institution. However, this shall not apply in cases where such patients are the persons eligible for medical treatment in accordance with the provisions of the Undemobilized Person's Compensation Law or Law for Allowance to Special Non-Repatriates.
(Specified Medical Institution)
Article 36. In the case of the hospitals or clinics established by the State, the Minister of Welfare specifies, with the consent of the competent Minister, and, in the case of the other hospitals or clinics, the governor of To, Do, Fu or prefecture specifies, with the consent of the persons who have established them, the institutions which are charged with the medical treatment provided for in the preceding two Articles.
2 The specified medical institution shall, as provided for by Ministerial Ordinance, give medical treatment kindly and carefully to the tuberculous patients whose expenses are borne by To, Do, Fu or prefecture in accordance with the provisions of the preceding two Articles.
3 The specified medical institution shall follow the guidance given by the governor of To, Do, Fu or prefecture as provided for by Ministerial Ordinance regarding the medical treatment provided for in the preceding two Articles.
4 The specified medical institution may decline the specification with an advance notice of not less than 30 days.
5 When the specified medical institution has violated the provisions of paragraph 2 or 3 or has come to be deemed inadequate for the medical treatment prescribed in the preceding two Article because of the change of its speciality of treatment, etc., the Minister of Welfare, in the case of a medical institution he has specified, or the governor of To, Do, Fu or prefecture, in the case of a medical institution he has specified, may cancel its specification.
6 The Minister of Welfare or the governor of To, Do, Fu or prefecture shall, in cases where he cancels specification in accordance with the provisions of the preceding paragraph, give an opportunity for explanation to the person who has established the specified medical institution concerned. In this case, the date and time and the place for explantion and the reason for such action shall be notified in writing in advance.
(Relations with Social Insurance and Daily Life Security)
Article 37. In cases where the tuberculous patients whose expenses are shared in accordance with the provisions of Article 34 paragraph 1 are the insured persons, workers, members or dependents (hereinafter referred to as "the insured persons, etc." ) under the provisions of the Health Insurance Law (Law No.70 of 1922), National Health Insurance Law (Law No.60 of 1938), Seamen's Insurance Law (Law No.73 of 1939), Workmen's Accident Compensation Insurance Law (Law No.50 of 1947), or National Public Service Mutual Aid Association Law (Law No.69 of 1948)(hereinafter referred to as "the social insurance laws" ), the insurers or mutual aid associations (hereinafter referred to as "the insurers, etc." ) are not required to pay such portion of the benefits payable in accordance with the provisions of the social insurance laws as is in excess of one half of the expenses necessary for their medical treatment.
2 When the tuberculous patients whose expenses are shared in accordance with the provisions of Article 34 paragraph 1 are the persons eligible for the medical treatment assistance under the provisions of the Daily Life Security Law, one half of the expenses necessary for their medical treatment shall be borne by To, Do, Fu or prefecture in accordance with the provisions of the same paragraph of the same Article, and the remainder thereof shall be subject to the same Law.
3 In cases where the patients provided for in Article 35 are the insured persons, etc. under the provisions of the social insurance laws, To, Do, Fu or prefecture shall not bear the expenses mentioned in the same Article to the extent of he benefits that the patients are entitled to receive in accordance wth the provisions of the social insurance laws.
(Request for Medical Fee)
Article 38. The specified medical institution will request To, Do, Fu or prefecture for such portion of the medical fee as is borne by To, Do, Fu or perfecture in accordance with the provisions of Article 34 paragraph 1 or Article 35.
2 To, Do, Fu or prefecture shall pay the portion of the medical fee mentioned in the preceding paragraph to the specified medical institution concerned.
3 To, Do, Fu or prefecture may entrust the business concerning the payment mentioned in the preceding paragraph to the Social Insurance Medical Fee Payment Fund or to the persons prescribed by Ministerial Ordinance.
(Standards for Medical Fee)
Article 39. The fee for the medical treatment provided for in Article 34 and Article 35 and furnished by the specified medical institutions shall follow the instances of the medical fee under the national health insurance (excluding such insurance operated by the Special National Health Insurance Association or by incorporated associations;hereinafter the same) in case it is practised in the cities, towns and villages (including the special ward;hereinafter the same) where the specified medical institutions are located or shall follow the instances of the medical fee under the health insurance in case the national health insurance is not practised in the cities, towns and villages where the specified medical institutions are located.
2 The medical fee in cases where it is impossible or inappropriate to follow the instances of the medical fee provided for in the preceding paragraph shall be as determined by the Minister of Welfare after making an inquiry at the Tuberculosis Control Advisory Council.
(Request by the Insurers, etc.)
Article 40. When the tuberculous patients are the insured persons, etc., the request mentioned in Article 34 paragraph 1 may be made by the insurers, in addition to the persons provided for in the same paragraph of the same Article.
(Exceptions in Cases of Urgency)
Article 41. To, Do, Fu or prefecture may, in cases where a tuberculous patient residing in its area has received the medical treatment prescribed by Ministerial Ordinance under the provisions of Article 34 paragraph 1 without making the request mentioned in the same paragraph of the same Article on account of urgent circumstances, pay him medical expenses equivalent to one half of the expenses required for such treatment upon the request of such patient or his caretaker, within the limit of one half of the amount of medical fee calculated according to the instances mentioned in Article 39.
2 The provisions of Article 34 paragraphs 2 and 3 shall apply mutatis mutandis to the request mentioned in the preceding paragraph.
3 The medical expenses mentioned in paragraph 1 shall be paid only in cases where the medical treatment is considered to have been necessary at the time when the patient received it.
4 The provisions of Article 37 paragraph 1 shall apply mutatis mutandis in cases where the persons who receive the payment of the medical expenses mentioned in paragraph 1 are the insured persons under the provisions of the social insurance laws.
(Request for Report, and Inspection)
Article 42. When the governor of To, Do, Fu or prefecture deems it necessary for the proper payment of the expenses provided for in Article 34 paragraph 1 and Article 35, he may request the superintendent of the specified medical institution for necessary report or may cause the officials concerned to conduct spot inspection of the patients'records and other books and papers of the specified medical institution with the consent of its superintendent.
2 When the specified medical institution has not complied with the request for report mentioned in the preceding paragraph or has submitted a false report, or has refused to give the consent mentioned in the said paragraph without valid reason, To, Do, Fu or prefecture may temporarily suspend the payment of the medical fee to such specified medical institution.
(Delegation to Ministerial Ordinance)
Article 43. Other than those provided for by this Law, necessary matters concerning the sharing of the expenses provided for in this Chapter, such as the procedure for the request mentioned in Article 34 paragraph 1 and Article 35, request for and payment of the medical fee mentioned in Article 38 and the procedure for the entrusting of such business, etc. shall be prescribed by Ministerial Ordinance.