[MHLW] The Act on Comprehensive Support for Persons with Disabilities and Eight Other Acts Collectively Amended, Passed, and Enacted

On December 10, 2022, the "Act to Partially Amend the Act for Comprehensive Support for the Daily Life and Social Life of Persons with Disabilities" was passed and enacted by a majority vote of the ruling party and other parties at a plenary session of the House of Councillors and promulgated on December 16, 2022. (Act No. 104)

An outline of the Act is as follows:

1. Enhancement of support systems for community living 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 such.
  • 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 core consultation support centers that play a central role in the community by providing consultation support and community living support bases that are 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 in their quality of employment. [Comprehensive Support Act, Act on Employment Promotion, etc. of Persons with Disabilities]

  • To establish "Support when Choosing a Job" 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 systematize 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.
  • To allow for special working hours for 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 to 20 hours for it 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 Adjusted Allowance for the Employment of Persons with Disabilities, which is evaluated based on the number of persons with disabilities employed, and strengthen subsidy measures for the efforts of companies to help persons with disabilities get settled 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 through, for example, hospitalization for medical care and protection with the consent of the mayor of the municipality, even when family members or guardians do not express their consent or disagreement, to define the period of such hospitalization, and to confirm the requirements of hospitalization at regular intervals for those needing medical care and protection.
  • To establish the "Inpatient Support Program through Visitations" for hospitalized persons needing medical care and protection, who are mainly hospitalized with the consent of the mayor of the municipality at the request of the persons themselves so as to actively listen to their experiences and feelings and to provide relevant information. In addition, the reason for hospitalization is to be added to the notice given to those 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 other authorities 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 living 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, move the start of subsidies from the date of application to the date when they are diagnosed as severely ill.
  • To issue a "registrant's card" to promote the smooth use of various support services for the daily life of patients undergoing treatment, as well as promote data registration, to strengthen support for the daily life of patients undergoing treatment, and to support self-reliance for children with chronic pediatric diseases through the cooperation between the Intractable Disease Consultation/Support Center and those who provide support for welfare and employment.

5. Improvement of provisions in the Acts relative 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 provisions 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 opinions when designating service providers as conducted by prefectural governors in order to designate welfare service providers for persons with disabilities consistent with relevant municipal welfare plans for them.
  • To add long-term care insurance facilities to the facilities subject to special exception for residences as a response to the proposal of decentralization.

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 2① and part of 5 will come into effect on the date specified by a Cabinet Order within 3 years after promulgation, part of 3②, part of 5, and 6② will come into effect on April 1, 2023, and part of 4① and ② will come into effect on October 1, 2023)

Both the House of Representatives and the House of Councillors passed supplementary resolutions, and the Health, Labor and Welfare Committee of the House of Councillors passed a 35-item supplementary resolution.

For more information, please visit the website below:
https://www.sangiin.go.jp/japanese/joho1/kousei/gian/210/meisai/m210080210017.htm

House of Councillors Health, Labour and Welfare Committee supplementary resolution
https://www.sangiin.go.jp/japanese/gianjoho/ketsugi/current/f069_120801.pdf

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