Webinar Series - The National MSP Network

Medicaid Takes Center Stage (Again): A Review of Gallardo v. Marstiller & Medicaid Lien Obligations

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Join John Cattie and Rafael Gonzalez to review Gallardo v. Marstiller and Medicaid Lien Obligations.Once again, the Medicaid lien issue has risen to the highest court in the land. The United States Supreme Court recently heard the case of Gallardo v. Marstiller involving a question about the scope of Medicaid’s recovery rights. As we wait for an answer from the Court, let’s take time to learn about the issues in the case and why the Court would have granted cert on this issue (again). Join Rafael Gonzalez and John Cattie from the law firm of Cattie & Gonzalez as they detail the background of Medicaid lien resolution, provide the foundation of previous arguments made to the Court, and analyze the parties’ arguments made in January 2022. Attendees should leave the session with a greater appreciation for the differences between Medicare and Medicaid recovery as well as what we might see from the Court later this year.

Learning Objectives:
1) Learn Why There is no Medicaid Secondary Payer Law Today
2) Understand the Past Case Law from SCOTUS in Ahlborn and Wos
3) Appreciate the Nuances of the Parties’ Arguments in Gallardo v. Marstiller

Presenters

John V. Cattie, Jr., Managing Attorney, Cattie & Gonzalez, PLLC

John V. Cattie, Jr. is one of the nation’s most well-respected MSP legal scholars. Cattie received his BA from the University of North Carolina and his JD/MBA from Villanova University.

Cattie 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. In each case, his client’s future medical exposure was minimized or extinguished based on how Cattie analyzed the MSA issue. In the Doe case, that difference amounted to a 90% or almost $900,000 reduction in future medical exposure for his client. The Doe Court stated the following in its opinion: “The Court finds that Mr. Cattie’s analysis is more credible [than his opponent’s] in the liability context.”

Cattie is the Founding Member of Cattie, P.L.L.C. His law firm is dedicated to extinguishing a client’s future medical exposure under the MSP Act. He focuses his law practice on MSA issues, providing legal opinions regarding MSA requirements, a client’s future medical exposure under the MSP Act and proper MSA funding.

Rafael Gonzalez, Managing Attorney, Cattie & Gonzalez, PLLC

Rafael graduated from Miami Senior High School in 1983. While at Miami High, Rafael won several local, state, and national awards, including the Miami Herald Silver Knight. After graduating from Miami High, he obtained a Bachelor’s of Science degree from the University of Florida in 1987. While at UF, Rafael received numerous scholarships and served in various leadership roles in a number of state and national organizations.

After graduating from UF, Rafael earned his Jurisprudence Doctorate degree from the Florida State University in 1990. During law school, Rafael interned for Rep. Lincoln Diaz Balart at the Florida House of Representatives. He also clerked for Judge Charles McClure at the Florida 2nd Circuit Court, Judge James Joanas at the Florida 1st District Court of Appeal, and Justice Gerald Kogan at the Florida Supreme Court.

After graduating from FSU, Rafael practiced work comp, liability, and social security law from 1990 to 2005. He then served as corporate counsel for FCCI Insurance from 2005 to 2008, Chief Executive Officer of The Center for Lien Resolution, The Center for Medicare Set Aside Administration and The Center for Special Needs Trusts Administration from 2008 to 2011, Vice President of Medicare & Medicaid Compliance for Gould & Lamb from 2011 to 2014, Vice President of Strategic Solutions at PMSI/Helios from 2014 to 2016, President of Flagship Services Group from 2016 to 2018, and President of UnitedHealth Group's Optum Workers Compensation and Auto Settlement Solutions from 2018 to 2020. Rafael is currently a partner in Cattie & Gonzalez, PLLC.

Over the last 30 years, Rafael has been recognized by City of Tampa Mayor Pam Iorio and Hillsborough County Commissioner Ronda Storm for his work on behalf of the Hispanic community in Tampa and Hillsborough County. He was awarded the Governors Appreciation Award by Governors Bob Martinez and Jeb Bush for his work in improving Florida’s workers compensation system. He was awarded the Governors Leadership Award by Governor Charlie Crist for his work in improving Florida’s Medicaid system. He was awarded Florida’s Distinguished Service Award by US Senator Mel Martinez for his work and advocacy to improve the US Social Security disability system. He has also been awarded the Presidential National Service Award by President George W. Bush for his work on improving the Medicare Secondary Payer system through the addition of the Mandatory Insurer Reporting process, and by President Barack Obama for his work and support of the Affordable Care Act.