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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 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.

Conducted on Wednesday, November 8, 2023

Recorded event now available

or call 1-800-926-7926

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.


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.



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


Finley, Robert J.
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

Gonzalez, Rafael
Rafael Gonzalez

Cattie & Gonzalez

Mr. Gonzalez has over 35 years of experience in work comp claims handling, litigation, and resolution

 |  Read More

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