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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 program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Tuesday, November 11, 2025

12:00pm-1:30pm EST, 9:00am-10:30am PST

Early Registration Discount Deadline, Friday, October 17, 2025

or call 1-800-926-7926

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).

Description

Gallardo held that the federal Medicaid anti-lien statutes do not prevent states from seeking reimbursement of Medicaid payments from settlements, judgments, or other awards of any kind, including payments allocated for future—and not just past—medical care. On Mar. 8, 2023, the CMS reminded states that they have an affirmative obligation to maximize all reimbursement rights.

After Gallardo Medicaid beneficiaries may receive less compensation from their personal injury cases. All parties must rethink settlement strategies, amounts and structures, and how cases are tried.

Attorneys must also address issues arising in existing settlements that were made under completely different assumptions regarding the source and amounts available for future medical expenses.

Listen as this stellar panel of lien resolution attorneys guides counsel through new challenges in settling personal injury cases and planning for future medical expenses.

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Outline

  1. Impact of Gallardo v. Marstiller
  2. Effect on settled cases
  3. Effect on future cases
  4. 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

Benjamin C. Downing, Esq.
Benjamin C. Downing, Esq.

Attorney
Cattie & Gonzalez

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Attend on November 11

Early Discount (through 10/17/25)

Cannot Attend November 11?

Early Discount (through 10/17/25)

You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include course handouts.

To find out which recorded format will provide the best CLE option, select your state:

CLE On-Demand Video