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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Personal Injury and Med Mal

Date & Time
  • event Date

    Wednesday, November 8, 2023

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$197.00
CLE
ALL

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.

Faculty

Robert J. Finley
Partner
Hinshaw & Culbertson LLP

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, PLLC

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

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Description

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.

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?