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

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, August 17, 2022

Recorded event now available

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Course Materials

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.

Description

This decision stands to impact 25 percent of the country's population, who are receiving Medicaid benefits and are also potentially involved in class action, mass tort, medical malpractice, no-fault, nursing home, personal injury, products liability, workers' compensation, and wrongful death litigation.

The decision held that the state of Florida can seek reimbursement from settlement payments allocated for future--and not just past--medical care.

The decision should have significant ramifications regarding the settlement amount and structure and how cases are tried. The holding will likely affect existing settlements under a completely different set of assumptions regarding the source and amounts available for future medical expenses.

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

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Outline

  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

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

Cattie, John
John V. Cattie, Jr.
Founding Member
Cattie & Gonzalez

Mr. Cattie focuses his law practice exclusively on MSP and MSA issues, providing legal opinions regarding reporting and...  |  Read More

Gonzalez, Rafael
Rafael Gonzalez
Partner
Cattie & Gonzalez

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

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