- videocam Live Online with Live Q&A
- calendar_month November 11, 2025 @ 1:00 p.m. ET./10:00 a.m. PT
- signal_cellular_alt Intermediate
- card_travel Personal Injury and Med Mal
- schedule 90 minutes
Personal Injury Settlement Strategies: Navigating Medicaid's Anti-Lien Provisions
Contending With Expanded Sources of Reimbursement; Guidance From the Centers for Medicare & Medicaid Services
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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.
Presented By
Mr. Downing received his BA from University of North Carolina at Chapel Hill and his JD from Northern Kentucky University Salmon P. Chase College of Law. He is licensed to practice law in North Carolina and South Carolina. After law school and bar passage, Mr. Downing began his career with Garretson Resolution Group (Garretson) a national claims administration and healthcare lien resolution company that serviced both single claimant and mass tort injury law firms and their clients. For four years, he monitored subject matter changes, managed internal compliance, and negotiated resolution of healthcare liens for the company’s Medicaid and Military lien resolution service areas. Mr. Downing then worked for a brief time in legislative affairs in North Carolina state government before a transition to regulatory compliance and private practice roles in the commercial real estate industry. He returned to the subrogation and healthcare lien industry in 2025 upon joining the law firm of Cattie & Gonzalez, P.L.L.C. as an associate attorney. Mr. Downing focuses his legal practice on Medicaid and Medicaid managed care lien resolution, preservation of Medicaid benefits, and Military (Veterans Affairs and TRICARE) recovery claims resolution.
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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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Live Online
On Demand
Date + Time
- event
Tuesday, November 11, 2025
- schedule
1:00 p.m. ET./10:00 a.m. PT
Outline
I. Impact of Gallardo v. Marstiller
II. Effect on settled cases
III. Effect on future cases
IV. 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?
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