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.