[MHLW] A Bill to Amend the Act on Comprehensive Support for Persons with Disabilities and Other Related Laws Submitted to the Diet

On October 26, 2022, the Ministry of Health, Labour and Welfare (MHLW) submitted a "Bill to Partially Amend the Act for Comprehensive Support for the Daily Life and Social Life of Persons with Disabilities" to the 210th session of the Diet (the extraordinary session of 2022). The Cabinet approved the bill on October 14, 2022.

The outline of the bill is as follows:

1. Enhancement of the support system for the community life of persons with disabilities [Act on Comprehensive Support for Persons with Disabilities (Comprehensive Support Act), Mental Health and Welfare Act]

  • To clarify in legislation that the content of support for communal living assistance (group homes) includes support for those who wish to live independently, counseling after leaving the group home, and related matters.
  • To enable persons with disabilities to live in the community with safety and security, municipalities are obligated to make efforts to establish support facilities, including the core consultation support centers that play a central role in community life support, which is  responsible for responding to emergencies and promoting transfers from institutions to the community.
  • To ensure that the consultation support for psychosocial well-being provided by prefectures and municipalities is not limited to people with psychosocial disabilities but can also be provided to persons with mental health problems, and to clarify that the support is comprehensive and appropriate according to these persons' psychosomatic conditions.

2. Promotion of support for the diverse employment needs of persons with disabilities and improvement of the quality of employment available for them. [Comprehensive Support Act, Act on Employment Promotion, etc. of Persons with Disabilities]

  • To establish "Support for Job-Hunting" by utilizing the employment assessment method (working with persons with disabilities who intend to use employment-related services to identify their employment needs, assess their abilities and aptitudes, and organize necessary considerations after they start working). Then, Hello Work, or the Public Employment Support Office, shall provide vocational guidance to those receiving such services, while referring to the assessment results.
  • For the working hours of persons with severe physical disabilities, persons with severe intellectual disabilities, and persons with mental disabilities—who are not obligated to be employed but whose prescribed weekly working hours are between 10 and 20 hours—to be included in the calculation of the actual employment rate, so that employment opportunities for these persons can be expanded.
  • To review the payment method of the Adjustment Allowance for the Employment of Persons with Disabilities, which is evaluated based on the number of persons with disabilities employed, and strengthen the subsidy measures for the efforts of companies to settle persons with disabilities in the workplace.

3. Improvement of support systems that meet the wishes and needs of persons with psychosocial disabilities [Act on Mental Health and Welfare]

  • To provide the appropriate medical care, for example, through hospitalization with the consent of the mayor of the municipality, even when family members, etc. do not consent or agree to define the period of such hospitalization, while confirming the requirements of the hospitalization at regular intervals for those hospitalized.
  • To establish the "In-patient Support Program through Visitations" for those hospitalized, mainly with the consent of the mayor of the municipality, at the request of the persons themselves, so they can listen to their experiences and understand their feelings more deeply, while providing the necessary information. In addition, the reason for taking hospitalization measures is so they can be added to the notice given to persons hospitalized for medical care and protection.
  • To provide healthcare workers of psychiatric hospitals with training and awareness programs in order to promote efforts to prevent abuse against patients. In addition, to set up a system to report to the prefectural government and concerned agencies when abuse by healthcare workers is detected.

4. Enhancement of appropriate medical care for patients with intractable diseases and children with specific pediatric chronic diseases, and the strengthening of support for the lives of patients undergoing treatment [Act on Medical Care for Patients with Intractable Diseases (Intractable Diseases Act), Child Welfare Act]

  • With regard to medical expense subsidies for patients with intractable diseases and children with specific pediatric chronic diseases, to move the start of subsidies from the date of application to the date when they were diagnosed as severely ill.
  • To issue a "registrant's card" to promote and strengthen the smooth use of various support services for the daily life of patients undergoing treatment and data registration, and the self-reliance support for children with chronic pediatric diseases by promoting cooperation between the Intractable Disease Consultation/Support Center and those who provide support for welfare and employment.

5. Improvement of provisions in the Act in regard to the database (DB) for disability welfare services, designated intractable diseases, and specified pediatric chronic diseases  [Comprehensive Support Act, Child Welfare Act, and Intractable Diseases Act].

With regard to the provisions on the DB of disabilities, intractable diseases, and chronic pediatric diseases, to develop provisions in the Act for the mechanism of third-party data providers to contribute to the improvement of welfare services for persons with disabilities and the quality of life of patients undergoing treatment with intractable diseases.

6. Others [Comprehensive Support Act, Child Welfare Act]

  • To establish a mechanism for municipal mayors to offer their opinion at the time of designation of service providers conducted by prefectural governors in order to designate welfare service providers for persons with disabilities consistent with municipal welfare plans for persons with disabilities.
  • To add long-term care insurance facilities to the facilities subject to the special exception for residences as a response to the decentralization proposal.

In addition, the necessary provisions will be improved for Article 18, paragraph 2 of the Supplementary Provisions of the Comprehensive Support Act, which needed to be adjusted at the time of the 2018 amendment of the same Act.

The effective date is April 1, 2024. (However, part of 2 ① and part of 5 will come into effect on the date specified by a Cabinet Order within 3 years after promulgation, part of 3 ②, part of 5, and 6 ② will come into effect on April 1, 2023, and part of 4 ① and ② will come into effect on October 1, 2023)

For more information, please visit the website below:
https://www.shugiin.go.jp/internet/itdb_gian.nsf/html/gian/menu.htm#09
https://www.mhlw.go.jp/stf/seisakunitsuite/bunya/hukushi_kaigo/shougaishahukushi/sougoushien/index_00002.html

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