Personal Injury Settlement Strategies: Reckoning With Medicaid Reimbursement From Payments for Future Medical Care
State-by-State Guide for Navigating Medicaid's Anti-Lien Provisions Under Gallardo v. Marstiller
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will discuss the significant implications of Gallardo v. Marstiller, 142 S.Ct. 1751 (2022), for trial lawyers, including a state-by-state guide. The panel will review the rationale of Gallardo, guidance from the Centers for Medicare & Medicaid Services (CMS), and strategies for addressing the expanded sources of reimbursement on the structure and amounts of existing and pending settlements.
- Overview of Gallardo v. Marstiller
- Effect on settled cases
- Effect on future cases
- Strategies for mitigating the harshness of the holding
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?
Robert J. Finley
Hinshaw & Culbertson
Mr. Finley's national civil defense and trial practice focuses on serving businesses and insurers in high-value and... | Read More
Mr. Finley's national civil defense and trial practice focuses on serving businesses and insurers in high-value and complex litigation matters involving specialized tort, employment, and healthcare practice areas. Currently, he primarily represents clients in the transportation, technology, and healthcare sectors and has advised businesses across a variety of industries including construction, home services, insurance (life, health, property, and casualty), pharmaceuticals, real estate, retail, and waste management. Mr. Finley has substantial experience handling jury trials, appellate matters, mediations, and arbitration hearings throughout the country, having been admitted pro hac vice in multiple jurisdictions including Connecticut, Massachusetts, New Jersey, Oregon, Pennsylvania, Texas, and Washington D.C.Close
Cattie & Gonzalez
Mr. Gonzalez has over 35 years of experience in work comp claims handling, litigation, and resolution| Read More
Mr. Gonzalez has over 35 years of experience in work comp claims handling, litigation, and resolutionClose