Hiroshima District Court turns down full reimbursement of medical expenses for A-bomb survivors living in U.S.
Jun. 22, 2015
by Daisuke Neishi, Staff Writer
On June 17, the Hiroshima District Court handed down a ruling on a case involving 13 A-bomb survivors living in the United States who have been seeking full reimbursement of their medical expenses. The survivors filed a lawsuit against the Hiroshima prefectural government and the Japanese government, because the prefectural government had rejected their applications for the reimbursement of medical expenses, which is stipulated in the Atomic Bomb Survivors Relief Law, based on the fact that they live abroad. The survivors have claimed that the government’s decision is a case of unlawful discrimination, and called for this decision by the prefectural government to be nullified and compensation be made for their losses. In the court’s judgment, Keiichiro Umemoto, one of the head judges, stated, “Expenses involving medical treatment received by A-bomb survivors living overseas at medical institutions outside Japan will not be fully covered by the governments in Japan,” and turned down their request. (The ruling was read by Hiroshi Konishi, another head judge, on Mr. Umemoto’s behalf.)
Mr. Umemoto said that government compensation is inherent in the Atomic Bomb Survivors Relief Law, and essentially applies to all A-bomb survivors, though, in some cases, survivors are able to access assistance only within Japan. The ruling also stated, “The system of coverage involving the medical expenses of A-bomb survivors is based on Japan’s system of medical care. Therefore, the appropriateness of reimbursement cannot be ensured for treatment received at medical institutions overseas,” and concluded, “A-bomb survivors living abroad will not be entitled to full reimbursement.”
The group of plaintiffs is comprised of 13 men and women, aged 76 to 86, who experienced the atomic bombing in Hiroshima and now live in the United States and hold the Atomic Bomb Survivor's Certificate. They received medical treatment for diabetes and other conditions in the United States and applied for reimbursement of their medical expenses to the Hiroshima prefectural government in 2011 and 2012. However, the applications were rejected by the prefectural government because they live abroad. In response, they filed the lawsuit in March 2012. One of the plaintiffs, Atsushi Endo, president of the Committee of A-bomb Survivors in the United States, died in July 2014 at the age of 84.
The Atomic Bomb Survivors Relief Law stipulates that the Japanese government will cover all medical expenses for A-bomb survivors. However, the government does not specify that survivors living abroad are entitled to this reimbursement and has instead, outside the framework of the law, provided them with assistance by covering a maximum of 300,000 yen per year in medical expenses. The actual practice of making reimbursements is consigned to the Hiroshima and Nagasaki prefectural and municipal governments. A-bomb survivors living abroad have taken a series of legal actions in seeking full reimbursement for all their medical expenses, as is afforded to A-bomb survivors who live in Japan.
In October 2013, the Osaka District Court granted reimbursement of all medical expenses to survivors overseas, stating, “The provisions in the law are not necessarily interpreted as applicable only within Japan.” In June 2014, the Osaka High Court backed this ruling by the Osaka District Court. On the other hand, in March 2014, the Nagasaki District Court ruled against such reimbursement, saying, “In principle, atomic bomb survivors are required to receive medical treatment at designated medical institutions to ensure the appropriateness of reimbursement. Therefore, reimbursement is not applicable to expenses incurred at medical institutions overseas.” In this way, the judicial judgments have varied from region to region.
After the ruling was made at the Hiroshima District Court, the plaintiffs’ attorneys indicated that they would appeal. The Ministry of Health, Labor and Welfare and Hiroshima Governor Hidehiko Yuzaki issued a comment, saying, “Though we don’t yet know the details of the ruling, our position has been acknowledged.”
Keywords
Assistance for A-bomb survivors living overseas
In the past, A-bomb survivors living overseas were forced to visit Japan in order to receive assistance from the Japanese government. However, since 2005, after the government lost a series of legal challenges to this practice, survivors have been able to access a health management allowance from outside Japan. In addition, since 2008, they have been able to apply for the Atomic Bomb Survivor’s Certificate without coming to Japan. With regard to the coverage of their medical expenses, a new subsidy system was established in 2004 which includes an upper limit. Based on a ruling by the Osaka District Court in 2013, a case lost by the Japanese government, this annual upper limit was raised from 180,000 yen to about 300,000 yen starting in fiscal year 2014. As of the end of March 2014, the number of A-bomb survivors living abroad is about 4,440. The largest number of survivors, approximately 3,050, live in South Korea, followed by around 980 in the United States and 150 in Brazil.
(Originally published on June 18, 2015)
On June 17, the Hiroshima District Court handed down a ruling on a case involving 13 A-bomb survivors living in the United States who have been seeking full reimbursement of their medical expenses. The survivors filed a lawsuit against the Hiroshima prefectural government and the Japanese government, because the prefectural government had rejected their applications for the reimbursement of medical expenses, which is stipulated in the Atomic Bomb Survivors Relief Law, based on the fact that they live abroad. The survivors have claimed that the government’s decision is a case of unlawful discrimination, and called for this decision by the prefectural government to be nullified and compensation be made for their losses. In the court’s judgment, Keiichiro Umemoto, one of the head judges, stated, “Expenses involving medical treatment received by A-bomb survivors living overseas at medical institutions outside Japan will not be fully covered by the governments in Japan,” and turned down their request. (The ruling was read by Hiroshi Konishi, another head judge, on Mr. Umemoto’s behalf.)
Mr. Umemoto said that government compensation is inherent in the Atomic Bomb Survivors Relief Law, and essentially applies to all A-bomb survivors, though, in some cases, survivors are able to access assistance only within Japan. The ruling also stated, “The system of coverage involving the medical expenses of A-bomb survivors is based on Japan’s system of medical care. Therefore, the appropriateness of reimbursement cannot be ensured for treatment received at medical institutions overseas,” and concluded, “A-bomb survivors living abroad will not be entitled to full reimbursement.”
The group of plaintiffs is comprised of 13 men and women, aged 76 to 86, who experienced the atomic bombing in Hiroshima and now live in the United States and hold the Atomic Bomb Survivor's Certificate. They received medical treatment for diabetes and other conditions in the United States and applied for reimbursement of their medical expenses to the Hiroshima prefectural government in 2011 and 2012. However, the applications were rejected by the prefectural government because they live abroad. In response, they filed the lawsuit in March 2012. One of the plaintiffs, Atsushi Endo, president of the Committee of A-bomb Survivors in the United States, died in July 2014 at the age of 84.
The Atomic Bomb Survivors Relief Law stipulates that the Japanese government will cover all medical expenses for A-bomb survivors. However, the government does not specify that survivors living abroad are entitled to this reimbursement and has instead, outside the framework of the law, provided them with assistance by covering a maximum of 300,000 yen per year in medical expenses. The actual practice of making reimbursements is consigned to the Hiroshima and Nagasaki prefectural and municipal governments. A-bomb survivors living abroad have taken a series of legal actions in seeking full reimbursement for all their medical expenses, as is afforded to A-bomb survivors who live in Japan.
In October 2013, the Osaka District Court granted reimbursement of all medical expenses to survivors overseas, stating, “The provisions in the law are not necessarily interpreted as applicable only within Japan.” In June 2014, the Osaka High Court backed this ruling by the Osaka District Court. On the other hand, in March 2014, the Nagasaki District Court ruled against such reimbursement, saying, “In principle, atomic bomb survivors are required to receive medical treatment at designated medical institutions to ensure the appropriateness of reimbursement. Therefore, reimbursement is not applicable to expenses incurred at medical institutions overseas.” In this way, the judicial judgments have varied from region to region.
After the ruling was made at the Hiroshima District Court, the plaintiffs’ attorneys indicated that they would appeal. The Ministry of Health, Labor and Welfare and Hiroshima Governor Hidehiko Yuzaki issued a comment, saying, “Though we don’t yet know the details of the ruling, our position has been acknowledged.”
Keywords
Assistance for A-bomb survivors living overseas
In the past, A-bomb survivors living overseas were forced to visit Japan in order to receive assistance from the Japanese government. However, since 2005, after the government lost a series of legal challenges to this practice, survivors have been able to access a health management allowance from outside Japan. In addition, since 2008, they have been able to apply for the Atomic Bomb Survivor’s Certificate without coming to Japan. With regard to the coverage of their medical expenses, a new subsidy system was established in 2004 which includes an upper limit. Based on a ruling by the Osaka District Court in 2013, a case lost by the Japanese government, this annual upper limit was raised from 180,000 yen to about 300,000 yen starting in fiscal year 2014. As of the end of March 2014, the number of A-bomb survivors living abroad is about 4,440. The largest number of survivors, approximately 3,050, live in South Korea, followed by around 980 in the United States and 150 in Brazil.
(Originally published on June 18, 2015)
