SEC. 1617. ENHANCED PENALTIES FOR MEDICARE ADVANTAGE AND PART D MARKETING VIOLATIONS.

[a] In General- Section- 1857[g][1] of the Social Security Act [42 U.S.C. 1395w-27[g][1]], as amended by section 1221[b], is amended--

[1] in subparagraph [G], by striking 'or' at the end;

[2] by inserting after subparagraph [H] the following new subparagraphs:

'[I] except as provided under subparagraph [C] or [D] of section 1860D-1[b][1], enrolls an individual in any plan under this part without the prior consent of the individual or the designee of the individual;

'[J] transfers an individual enrolled under this part from one plan to another without the prior consent of the individual or the designee of the individual or solely for the purpose of earning a commission;

'[K] fails to comply with marketing restrictions described in subsections [h] and [j] of section 1851 or applicable implementing regulations or guidance; or

'[L] employs or contracts with any individual or entity who engages in the conduct described in subparagraphs [A] through [K] of this paragraph;'; and

[3] by adding at the end the following new sentence: 'The Secretary may provide, in addition to any other remedies authorized by law, for any of the remedies described in paragraph [2], if the Secretary determines that any employee or agent of such organization, or any provider or supplier who contracts with such organization, has engaged in any conduct described in subparagraphs [A] through [L] of this paragraph.'

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