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Martin Joseph O’Brien Agreed to Be Excluded for 5 Years for Repeatedly Employing an Excluded Individual

On January 30, 2023, in connection with the resolution of his False Claims Act liability, Martin Joseph O’Brien (O’Brien), Lewiston, Maine, agreed to be excluded under 42 U.S.C. 1320a-7(b)(7) for 5 years.  In December 2016, O’Brien entered into a settlement agreement, on behalf of a substance abuse treatment program that he owned, to resolve the company’s liability under the False Claims Act for continuing to employ an excluded individual and using MaineCare reimbursements to pay her salary and benefits after the company became aware that she had been excluded from participation in all Federal health care programs.  The investigation revealed and OIG alleged that O’Brien knowingly submitted or caused to be submitted to MaineCare false claims for reimbursement for services provided by that same excluded individual in that he continued to employ her after the December 2016 settlement, despite knowing that she remained excluded from participation in all Federal health care programs, and continued to pay her from MaineCare reimbursements.  Senior Counsel John O’Brien represented OIG.

Action Details

  • Date:January 30, 2023
  • Enforcement Types:
    • CMP and Affirmative Exclusions