SEC. 1615. ENHANCED PENALTIES FOR INDIVIDUALS EXCLUDED FROM PROGRAM PARTICIPATION.

[a] In General- Section- 1128A[a] of the Social Security Act [42 U.S.C. 1320a-7a[a]], as amended by the previous sections, is further amended--

[1] by striking 'or' at the end of paragraph [9];

[2] by inserting 'or' at the end of paragraph [10];

[3] by inserting after paragraph [10] the following new paragraph:

'[11] orders or prescribes an item or service, including without limitation home health care, diagnostic and clinical lab tests, prescription drugs, durable medical equipment, ambulance services, physical or occupational therapy, or any other item or service, during a period when the person has been excluded from participation in a Federal health care program, and the person knows or should know that a claim for such item or service will be presented to such a program;'; and

[4] in the matter following paragraph [11], as inserted by paragraph [2], by striking '$15,000 for each day of the failure described in such paragraph' and inserting '$15,000 for each day of the failure described in such paragraph, or in cases under paragraph [11], $50,000 for each order or prescription for an item or service by an excluded individual'.

[b] Effective Date- The amendments made by subsection [a] shall apply to violations committed on or after January 1, 2010.