text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Health Care Fraud Enforcement Act of 
  2009''.
  
  SEC. 2. ENHANCEMENTS TO CRIMINAL LAWS RELATING TO HEALTH CARE FRAUD.
  
      (a) Fraud Sentencing Guidelines.--
              (1) Definition.--In this subsection, the term ``Federal 
          health care offense'' has the meaning given that term in 
          section 24 of title 18, United States Code, as amended by this 
          Act.
              (2) Review and amendments.--Pursuant to the authority under 
          section 994 of title 28, United States Code, and in accordance 
          with this subsection, the United States Sentencing Commission 
          shall--
                      (A) review the Federal Sentencing Guidelines and 
                  policy statements applicable to persons convicted of 
                  Federal health care offenses;
                      (B) amend the Federal Sentencing Guidelines and 
                  policy statements applicable to persons convicted of 
                  Federal health care offenses involving Government 
                  health care programs to provide that the aggregate 
                  dollar amount of fraudulent bills submitted to the 
                  Government health care program shall constitute prima 
                  facie evidence of the amount of the intended loss by 
                  the defendant; and
                      (C) amend the Federal Sentencing Guidelines to 
                  provide--
                              (i) a 2-level increase in the offense level 
                          for any defendant convicted of a Federal health 
                          care offense relating to a Government health 
                          care program which involves a loss of not less 
                          than $1,000,000 and less than $7,000,000;
                              (ii) a 3-level increase in the offense 
                          level for any defendant convicted of a Federal 
                          health care offense relating to a Government 
                          health care program which involves a loss of 
                          not less than $7,000,000 and less than 
                          $20,000,000;
                              (iii) a 4-level increase in the offense 
                          level for any defendant convicted of a Federal 
                          health care offense relating to a Government 
                          health care program which involves a loss of 
                          not less than $20,000,000; and
                              (iv) if appropriate, otherwise amend the 
                          Federal Sentencing Guidelines and policy 
                          statements applicable to persons convicted of 
                          Federal health care offenses involving 
                          Government health care programs.
              (3) Requirements.--In carrying this subsection, the United 
          States Sentencing Commission shall--
                      (A) ensure that the Federal Sentencing Guidelines 
                  and policy statements--
                              (i) reflect the serious harms associated 
                          with health care fraud and the need for 
                          aggressive and appropriate law enforcement 
                          action to prevent such fraud; and
                              (ii) provide increased penalties for 
                          persons convicted of health care fraud offenses 
                          in appropriate circumstances;
                      (B) consult with individuals or groups representing 
                  health care fraud victims, law enforcement officials, 
                  the health care industry, and the Federal judiciary as 
                  part of the review described in paragraph (2);
                      (C) ensure reasonable consistency with other 
                  relevant directives and with other guidelines under the 
                  Federal Sentencing Guidelines;
                      (D) account for any aggravating or mitigating 
                  circumstances that might justify exceptions, including 
                  circumstances for which the Federal Sentencing 
                  Guidelines, as in effect on the date of enactment of 
                  this Act, provide sentencing enhancements;
                      (E) make any necessary conforming changes to the 
                  Federal Sentencing Guidelines; and
                      (F) ensure that the Federal Sentencing Guidelines 
                  adequately meet the purposes of sentencing.
      (b) Intent Requirement for Health Care Fraud.--Section 1347 of 
  title 18, United States Code, is amended--
              (1) by inserting ``(a)'' before ``Whoever knowingly''; and
              (2) by adding at the end the following:
      ``(b) With respect to violations of this section, a person need not 
  have actual knowledge of this section or specific intent to commit a 
  violation of this section.''.
      (c) Kickbacks.--Section 1128B of the Social Security Act (42 U.S.C. 
  1320a-7b) is amended by adding at the end the following new subsection:
      ``(g) In addition to the penalties provided for in this section or 
  section 1128A, a claim for items or services that are provided in 
  violation of this section constitutes a false or fraudulent claim for 
  purposes of subchapter III of chapter 37 of title 31, United States 
  Code.''.
      (d) Health Care Fraud Offense.--Section 24(a) of title 18, United 
  States Code, is amended--
              (1) in paragraph (1), by striking the semicolon and 
          inserting ``or section 1128B of the Social Security Act (42 
          U.S.C. 1320a-7b); or''; and
              (2) in paragraph (2)--
                      (A) by inserting ``1349,'' after ``1343,''; and
                      (B) by inserting ``section 301 of the Federal Food, 
                  Drug, and Cosmetic Act (21 U.S.C. 331), or section 411, 
                  501, or 511 of the Employee Retirement Income Security 
                  Act of 1974 (29 U.S.C. 1111, 1131, and 1141),'' after 
                  ``title,''.
  
  SEC. 3. SUBPOENA AUTHORITY RELATING TO HEALTH CARE.
  
      (a) Subpoenas Under the Health Insurance Portability and 
  Accountability Act of 1996.--Section 1510(b) of title 18, United States 
  Code, is amended--
              (1) in paragraph (1), by striking ``to the grand jury''; 
          and
              (2) in paragraph (2)--
                      (A) in subparagraph (A), by striking ``grand jury 
                  subpoena'' and inserting ``subpoena for records''; and
                      (B) in the matter following subparagraph (B), by 
                  striking ``to the grand jury''.
      (b) Subpoenas Under the Civil Rights of Institutionalized Persons 
  Act.--The Civil Rights of Institutionalized Persons Act (42 U.S.C. 1997 
  et seq.) is amended by inserting after section 3 the following:
  
  ``SEC. 3A. SUBPOENA AUTHORITY.
  
      ``(a) Authority.--The Attorney General, or at the direction of the 
  Attorney General, any officer or employee of the Department of Justice 
  may require by subpoena access to any institution that is the subject 
  of an investigation under this Act and to any document, record, 
  material, file, report, memorandum, policy, procedure, investigation, 
  video or audio recording, or quality assurance report relating to any 
  institution that is the subject of an investigation under this Act to 
  determine whether there are conditions which deprive persons residing 
  in or confined to the institution of any rights, privileges, or 
  immunities secured or protected by the Constitution or laws of the 
  United States.
      ``(b) Issuance and Enforcement of Subpoenas.--
              ``(1) Issuance.--Subpoenas issued under this section--
                      ``(A) shall bear the signature of the Attorney 
                  General or any officer or employee of the Department of 
                  Justice as designated by the Attorney General; and
                      ``(B) shall be served by any person or class of 
                  persons designated by the Attorney General or a 
                  designated officer or employee for that purpose.
              ``(2) Enforcement.--In the case of contumacy or failure to 
          obey a subpoena issued under this section, the United States 
          district court for the judicial district in which the 
          institution is located may issue an order requiring compliance. 
          Any failure to obey the order of the court may be punished by 
          the court as a contempt that court.
      ``(c) Protection of Subpoenaed Records and Information.--Any 
  document, record, material, file, report, memorandum, policy, 
  procedure, investigation, video or audio recording, or quality 
  assurance report or other information obtained under a subpoena issued 
  under this section--
              ``(1) may not be used for any purpose other than to protect 
          the rights, privileges, or immunities secured or protected by 
          the Constitution or laws of the United States of persons who 
          reside, have resided, or will reside in an institution;
              ``(2) may not be transmitted by or within the Department of 
          Justice for any purpose other than to protect the rights, 
          privileges, or immunities secured or protected by the 
          Constitution or laws of the United States of persons who 
          reside, have resided, or will reside in an institution; and
              ``(3) shall be redacted, obscured, or otherwise altered if 
          used in any publicly available manner so as to prevent the 
          disclosure of any personally identifiable information.''.
  
  SEC. 4. ADDITIONAL AUTHORIZATION OF APPROPRIATIONS TO THE DEPARTMENT OF 
                JUSTICE FOR CRIMINAL AND CIVIL ENFORCEMENT OF HEALTH CARE 
                FRAUD.
  
      (a) Authorization.--There is authorized to be appropriated to the 
  Attorney General, to remain available until expended, $20,000,000 for 
  each of fiscal years 2011 through 2016 for the purposes of 
  investigations, prosecutions, and civil or other proceedings relating 
  to fraud and abuse in connection with any health care benefit program, 
  as defined in section 24(b) of title 18, United States Code.
      (b) Allocations.--With respect to each of fiscal years 2011 through 
  2016, the amount authorized to be appropriated under subsection (a) 
  shall be allocated as follows:
              (1) For the offices of the United States attorneys, 
          $10,000,000.
              (2) For the Criminal Division of the Department of Justice, 
          $5,000,000.
              (3) For the Civil Division of the Department of Justice, 
          $5,000,000.
target: Health Care Fraud Enforcement Act of 2009 - Directs the United States Sentencing Commission to review and amend guidelines and policy statements relating to health care fraud to increase the sentences for such crimes based upon the dollar amount of fraud involved.
  
  Expands the definition of "health care fraud" to include anti-fraud provisions of the Social Security Act relating to kickbacks, bribes, or rebates, the Food, Drug and Cosmetic Act, and the Employee Retirement Income Security Act of 1974 (ERISA). Makes a health care fraud violation under such statutes a false or fraudulent claim for purposes of the False Claims Act.
  
  Amends the federal criminal code to allow a conviction for health care fraud without actual knowledge of a fraud prohibition or a specific intent to commit a health care fraud violation.
  
  Amends the Civil Rights of Institutionalized Persons Act to expand the power of the Attorney General to issue subpoenas for records under such Act.
  
  Authorizes additional appropriations to the Department of Justice (DOJ) for FY2011-FY2016 for investigations and prosecutions relating to fraud and abuse in connection with any health care benefit program.
feat_title: A bill to improve health care fraud enforcement.