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
A live 90-minute CLE video webinar with interactive Q&A
This CLE course will discuss the significant implications of Gallardo v. Marstiller, 596 U.S. ___ (Case No. 20-1263) (June 6, 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.
Outline
- Overview 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
John V. Cattie, Jr.
Managing Partner
Cattie & Gonzalez
Mr. Cattie focuses his law practice exclusively on MSP and MSA issues, providing legal opinions regarding reporting and... | Read More
Mr. Cattie focuses his law practice exclusively on MSP and MSA issues, providing legal opinions regarding reporting and repayment obligations as well as assessing a client’s future medical exposure under the MSP Act. In the MSA area, he has personally reviewed or overseen the review of over 10,000 distinct fact patterns. Federal and state court opinions such as Smith v. Marine Terminals of Arkansas, Tye v. Upper Valley Medical Center, and Doe v. Company X cite his analysis favorably.
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Robert J. Finley
Partner
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.
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Rafael Gonzalez
Partner
Cattie & Gonzalez
Mr. Gonzalez has over 35 years of experience in work comp claims handling, litigation, and resolution
| Read MoreMr. Gonzalez has over 35 years of experience in work comp claims handling, litigation, and resolution
CloseEarly Discount (through 10/13/23)
Cannot Attend November 8?
Early Discount (through 10/13/23)
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.