Personal Injury Settlements After Gallardo v. Marstiller: Navigating Limits on Medicaid's Anti-Lien Provisions
Contending With State Reimbursement Rights in Payments Allocated for Future Medical Care
A live 90-minute CLE video webinar with interactive Q&A
This CLE course will discuss the U.S. Supreme Court decision Gallardo v. Marstiller, No. 20-1263 (June 6, 2022) on plaintiffs and defendants involved in litigation with Medicaid recipients. The panel will discuss alternative settlement strategies and structures in the future, as well as strategies for addressing the uncertainty the case introduces in interpreting the Medicaid Act and lien resolution.
- 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?
John V. Cattie, Jr.
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.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