Personal Injury Settlement Strategies: Navigating Medicaid's Anti-Lien Provisions
Contending With Expanded Sources of Reimbursement; Guidance From the Centers for Medicare & Medicaid Services
A live 90-minute CLE video webinar with interactive Q&A
This CLE course will discuss strategies for addressing the expanded sources of reimbursement ushered in under Gallardo v. Marstiller, 142 S.Ct. 1751 (2022). The panel will review the significant implications for trial lawyers on the structure and amounts of existing and pending settlements and review guidance from the Centers for Medicare & Medicaid Services (CMS).
Outline
- Impact of Gallardo v. Marstiller
- Effect on settled cases
- Effect on future cases
- Strategies for mitigating the harshness of the holding
Benefits
The panel will review these and other key issues:
- How can counsel prevent the state(s) from taking a disproportionate share of any settlement recovery?
- Can settlements be structured to prevent overreaching?
- What other types of expenses or reimbursement scenarios might the case affect?
- Can states recover anticipated expenses for services it has not furnished?
- Will other exceptions to the anti-lien and anti-recovery provisions be challenged?
Faculty
Early Discount (through 10/17/25)