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Daniel J. Schulte

Member

T 313-961-0200 F 313-961-0388

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Overview Credentials Insights & News
Overview
  • Overview
  • Credentials
  • Insights & News
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overview

Dan has significant experience in business law, finance and real estate transactions. His background includes experience as a Certified Public Accountant and time serving as managing partner of the firm. He currently is a member of Kerr Russell’s executive committee and understands how legal issues impact business objectives and the necessity of providing practical, results oriented advice.

Practice Areas

Business and Corporate Law

Health Care Law

Non-Profit and Charitable Organizations

Physician Licensing, Staffing and Contract Disputes

Trade and Professional Associations

Bio

Dan routinely advises clients in several industries including manufacturing, healthcare, real estate, service, and technology. He assists clients with tax issues and other aspects of entity formation, prepares and reviews entity governance documents and employment, shareholder, supplier, and a variety of other common contracts. He is often engaged in connection with the purchase and sale of business interests, mergers and acquisitions and other forms of business acquisition and divestiture. These transactions often involve issues related to a client’s interest in real estate. He regularly is asked to prepare and review leases, purchase and sale agreements and to assist with all aspects of real estate due diligence including resolving title and survey issues, reviewing environmental reports and other development issues.

Dan’s work in the healthcare industry is well known. He is primarily responsible for the firm’s representation of the Michigan State Medical Society, the Michigan Dental Association, and the Michigan Osteopathic Association and many physicians, dentists, group practices and surgery centers. Dan is well versed in health care licensing, HIPAA, Stark law, Anti-Kickback Statute, other fraud and abuse laws and regulations applicable to those in the healthcare industry.

Dan is repeatedly ranked among The Best Lawyers in America© and has been named a “Michigan Super Lawyer” by Thompson Reuters for many years.

View Dan’s presentation “Contract Negotiations” to the Michigan Osteopathic Association’s Council of Interns and Residents. (November 2020)

credentials

Affiliations

  • State Bar of Michigan
  • American Bar Association
  • Michigan Association of Certified Public Accountants
  • American Institute of Certified Public Accountants
  • American Health Lawyers Association
  • American Society of Medical Association Counsel

Bar and Court Admissions

  • Michigan
  • United States District Court for the Eastern District of Michigan

Education

  • Wayne State University Law School, J.D.
  • Albion College, B.S.

Insights & News

January 6, 2023

Employee vs. Independent Contractor

Daniel Schulte weighs the advantages and disadvantages of contracting with an entity rather than an individual in the latest issue of The Journal of the Michigan Dental Association (December 2022).

November 23, 2022

Ex-Employees Who Solicit Patients Using Stolen Information

Daniel Schulte discusses employment agreements as a means for protecting against patients being poached by past employees in the latest issue of The Journal of the Michigan Dental Association (November 2022).

October 24, 2022

Dealing with Patients Who Have Been Using Marijuana

Daniel Schulte addresses whether dentists can refuse treatment to patients suspected of using marijuana in the latest issue of The Journal of the Michigan Dental Association (October 2022).

September 19, 2022

Understanding the Dental Plan Audit Process

Daniel Schulte discusses what to expect from a dental plan audit in the latest issue of The Journal of the Michigan Dental Association (September 2022). 

August 23, 2022

Can Dental Ratings be Defamatory?

Many health and dental plans are adopting rating systems for participating practitioners. What recourse is available to practitioners who believe their rating is negatively impacting their practice? Daniel Schulte discusses this in the latest edition of The Journal of The Michigan Dental Association (August 2022).

August 18, 2022

Kerr Russell Attorneys Recognized by Best Lawyers in America© 2023 and Best Lawyers: Ones to Watch

Eighteen Kerr Russell members were recently selected by their peers for inclusion in The Best Lawyers in America® 2023. Notably, fourteen of the named attorneys have been listed in The Best Lawyers in America for more than five years.

August 12, 2022

Kerr Russell Attorneys Named 2022 Michigan Super Lawyers and Rising Stars

Eleven Kerr Russell members have been included among the 2022 Michigan Super Lawyers.

July 18, 2022

Leased Provider Networks Cause Payment Confusion

Most physicians and dentists are familiar with contracting to be a part of a third-party payer’s network. This usually means increased patient flow (from the patients enrolled in the payer’s plan(s)) and fee discounts.

June 20, 2022

Purchase Price Allocation When Selling Your Practice

The allocation of a purchase price can cost or save each party thousands of dollars in taxes when negotiating the sale of a practice. Daniel Schulte discusses this in the latest edition of The Journal of The Michigan Dental Association (June 2022).

June 6, 2022

What is Illegal About Disclosing Fee Schedules?

Daniel Schulte discusses disclosing fee schedules in the latest edition of of The Journal of The Michigan Dental Association (May 2022).

April 25, 2022

Responding to Internet Criticism and HIPAA Considerations

Daniel Schulte discusses whether health care professionals can and should respond to negative online reviews in the latest edition of The Journal of The Michigan Dental Association (April 2022).

March 21, 2022

Winning Your Case and Still Being Sanctioned

Daniel Schulte outlines the process for dentists facing an administrative complaint with the Michigan Department of Licensing and Regulatory Affairs for The Journal of The Michigan Dental Association (March 2022).

February 21, 2022

Can I be Reported to the Data Bank in Connection with a Billing Dispute?

Health Care attorney, Daniel Schulte, discusses whether reports to the National Practitioner Data Bank may be made in an effort to collect in a billing dispute in the latest issue of The Journal of The Michigan Dental Association (February 2022).

January 24, 2022

Network Leasing Arrangements and Their Effect on Fees

Health Care attorney, Daniel Schulte, responds to questions regarding dental fees secured through network leasing companies in the latest issue of The Journal of The Michigan Dental Association (January 2022).

December 7, 2021

Disclosure of Employee Vaccination Status is Not a HIPAA Violation

Health Care attorney, Daniel Schulte, responds to questions regarding whether it is a HIPAA violation to ask patients and employees to disclose their vaccination status in the latest issue of The Journal of The Michigan Dental Association (December 2021).

November 22, 2021

State Responds to Auto No-Fault Payment Delays

Health Care attorney, Daniel Schulte, discusses Michigan's Department of Insurance and Financial Services' response to the delayed claims experienced by many healthcare providers in the latest issue of The Journal of The Michigan Dental Association (November 2021).

October 11, 2021

New Michigan Law Changes How CRNAs Practice

Health Care attorney, Daniel Schulte, discusses the role of Certified Registered Nurse Anesthetists within a dental practice in the latest issue of The Journal of The Michigan Dental Association (October 2021).

August 19, 2021

Kerr Russell Attorneys Named to 2022 Best Lawyers® List

Kerr Russell is pleased to announce that 17 lawyers have been included in the 2022 Edition of The Best Lawyers in America.

August 10, 2021

Can Patients Restrict Me from Filing Claims with Dental Plans?

Health Care attorney, Daniel Schulte, discusses whether dentists are required to file claims with insurers in the latest issue of The Journal of The Michigan Dental Association (August 2021).

June 11, 2021

Can General Dentists Advertise Specialty Services?

Health Care attorney, Daniel Schulte, discusses whether a group of general dentists can advertise specialty services, in the latest issue of The Journal of The Michigan Dental Association (June 2021).

May 11, 2021

A Reminder About Dentistry and Antitrust Law

Health Care attorney, Daniel Schulte, discusses how antitrust laws cannot be ignored by dentists and reviews several important tips for the latest issue of The Journal of The Michigan Dental Association (May 2021).

April 19, 2021

Unreasonable Non-compete and Damages Provisions in Employment Contracts

Health Care attorney, Daniel Schulte, discusses non-compete agreements and liquidated damages provisions in employment contracts for the latest issue of The Journal of The Michigan Dental Association (April 2021).

March 16, 2021

Further Discussion on COVID-19 Vaccination Employer Liability Issues

Health Care attorney, Daniel Schulte, discusses liabilities related to vaccination requirements in the latest issue of The Journal of The Michigan Dental Association (March 2021).

February 4, 2021

Q&A on Legal Issues and COVID-19 Vaccination

Health Care attorney, Daniel Schulte, addresses questions related to the COVID vaccine in the latest issue of The Journal of The Michigan Dental Association (February 2021).

January 12, 2021

BCBSM Lawsuit Settlement May Bode Well for ADA

Health Care attorney, Daniel Schulte, discusses a potential settlement in the Blue Cross Blue Shield antitrust litigation and addresses a question regarding dentists hiring physician assistants in the latest issue of The Journal of The Michigan Dental Association (January 2021).

December 9, 2020

Are the Revised DOL Regulations Retroactive?

Health Care attorney, Daniel Schulte, answers questions related to the definition of "health care provider" as it relates to the Families First Coronavirus Response Act in the latest issue of The Journal of The Michigan Dental Association (December 2020). Question: One of my employees who is not directly involved in patient care (she does billing, and other office work for my practice) is very upset with me. She claims that she had a situation months ago that would have qualified her for paid leave, and now that the definition of "health care provider" has changed under the Families First Coronavirus Response Act ("FFCRA") she says I owe her back pay. Is this true? She also claims that I should have brought this to her attention and to others who are now eligible for this paid leave. Did I have to amend the notice I have in my office when the definition of "health care provider" changed?

November 16, 2020

22 Kerr Russell Attorneys Recognized as DBusiness 2021 Top Lawyers

A total of 22 lawyers from Kerr Russell are named as DBusiness Magazine 2021 Top Lawyers. The attorneys are selected through a peer review process.  DBusiness polled more than 18,000 attorneys across Wayne, Oakland, Macomb, Washtenaw, and Livingston Counties. 

November 16, 2020

Providing Dental Records to Patients with Past-Due Accounts

Health Care attorney, Daniel Schulte, answers questions related to patient's access to medical records in the latest issue of The Journal of The Michigan Dental Association (November 2020). Question: I have a patient owing me a large balance that I have unsuccessfully been attempting to collect. The patient is now requesting that I provide a copy of her records to another dentist. Can I require her to pay the copy fee in advance? Would it be illegal to have an office policy providing patients free copies of their records if their account is paid in full, charging only those patients who have past due balances for their copies?

October 14, 2020

Relief from Contracts Due to the Pandemic

Health Care attorney, Daniel Schulte, discusses vendor contracts and changes to contractual obligations in light of the pandemic for the latest issue of The Journal of The Michigan Dental Association (October 2020). Recently the MDA has received several questions regarding vendor contracts, including contracts for supplies, technology, and other products and services, as well and employment and independent contractor agreements, buy-in and buy-out arrangements, etc. The questions all note that at one time the contract made financial sense, but due to the pandemic they no longer do. Members are seeking advice whether it is possible to change contractual obligations due to this unexpected change in circumstances.

October 6, 2020

“Now What?”: Supreme Court’s COVID-19 Executive Order Decision

Kerr Russell, as of the date of this publication, is informing clients and friends of the firm that they are legally obligated to continue to comply with applicable COVID-19 workplace safety standards and valid state and local public health department orders, notwithstanding the Michigan Supreme Court’s opinion of October 2, 2020 invalidating the Governor’s COVID-19 Executive Orders. 

September 18, 2020

Kerr Russell Attorneys Named 2020 Michigan Super Lawyers and Rising Stars

Super Lawyers named 11 Kerr Russell members to the list of 2020 Michigan Super Lawyers and included four Kerr Russell attorneys on the list of 2020 Michigan Rising Stars.

September 8, 2020

Debt Collection Practices: What's Legal?

Health Care attorney, Daniel Schulte, answers questions related to collecting past-due balances from patients. The Q&A can be found in the Journal of The Michigan Dental Association (September 2020) Question: Due to employment disruptions caused by the COVID-19 crisis our practice has several patients who no longer have dental benefits. They are now cash payers. Many of them have past-due balances. Sending reminder statements to their home addresses in getting us nowhere. Can I have my staff call them and ask for payment? Can I call them at work if they have a new job? Should I have them call later at night when we expect they would be home?

August 20, 2020

Kerr Russell Attorneys Recognized by Best Lawyers in America© 2021 and Best Lawyers: Ones to Watch

Seventeen Kerr Russell members were recently selected by their peers for inclusion in The Best Lawyers in America® 2021. Notably, twelve of the named attorneys have been listed in The Best Lawyers in America for more than five years.

August 4, 2020

Must Dentists Provide Paid Leave Under the Families First Law?

Health Care attorney, Daniel Schulte, answers questions related to the Families First Coronavirus Response Act. The Q&A can be found in the Journal of The Michigan Dental Association (August 2020) Question: My practice reopened a couple of weeks ago. The number of patients we are seeing has steadily increased. I have an employee who refused my recall to work due to child care issues. I let this go at first because I could get by without her. However, I really need her to return to work. She is continuing to refuse and now tells me that federal law passed as a result of COVID-19 requires me to provide her with paid leave since the reason she cannot return is due to child care issues. Is this true?

July 14, 2020

15 Lawyers From Kerr Russell Recognized as Leading Lawyers 2020

A total of 15 lawyers from Kerr Russell are named to the 2020 list of Leading Lawyers in Michigan. Only those lawyers who are most often recommended qualify for this honor.

July 8, 2020

Can Anxiety Over COVID-19 be Considered a Disability?

Health Care attorney, Daniel Schulte, answers questions related to fears arsing from returning to work amid the coronavirus crisis. The Q&A can be found in the Journal of The Michigan Dental Association (July 2020) Question: An employee is refusing to return to work. She tells us that she is afraid of COVID-19 infection and this fear is causing her to lose sleep and have anxiety and depression. Could her suspected history of anxiety and depression (heightened by the COVID-19 crisis) be deemed a disability under some law?

June 11, 2020

Recent Coronavirus-Related Questions

Health Care attorney, Daniel Schulte, answers recent questions related to the coronavirus crisis. The Q&A can be found in the Journal of The Michigan Dental Association (June 2020) Question: I suspect that many of my employees are going to be hesitant to come back to work due to the fear of infection. If I ask an employee to return to work and he or she refuses, what can I do?

June 11, 2020

The CARES Act and Relief to Dentists Affected by COVID-19 Business Interruption

Health Care attorney, Daniel Schulte, answers questions related to the CARES Act. The Q&A can be found in the Journal of The Michigan Dental Association (May 2020) Question: Can you provide a summary of the tax law changes made in March that will help me offset the financial losses that I have mounting due to the COVID-19 crisis?

April 30, 2020

CARES Act Provides Tax Relief to Physicians Affected by COVID-19 Business Interruption

On March 27, 2020, President Trump signed into law, the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”).

April 21, 2020

Some Legal Considerations When Selling a Practice

Health Care attorney, Daniel Schulte, answers questions related to the sale of a dental practice. The Q&A can be found in the Journal of The Michigan Dental Association (April 2020) Question: I am a probate attorney assisting the widow of a deceased dentist in the sale of his dental practice. What are the specific legal considerations I should keep in mind when selling a dental practice? My client is not a dentist and I assume she cannot hire a dentist and continue the practice. Can she keep it in operation by engaging a dentist while trying to sell?  

April 3, 2020

BCBS Antitrust Litigation May Have Encouraged Delta Lawsuit

Health Care attorney, Daniel Schulte, answers questions related to the timing of a lawsuit against Delta Dental. The Q&A can be found in the Journal of Michigan Dental Association (March 2020) Question: I have been reading about the recent antitrust cases filed against the Delta Dental Association and the state Delta Dental plans. This arrangement has been in place for many years. We have all known about the anticompetitive behavior alleged in these complaints and the adverse effect it has had on dentists and patients for a long time. Is there a reason why the lawsuits were recently filed? Is there a reason this was not done before now?

March 17, 2020

Coronavirus/COVID-19 Business Continuity:  A Message to Our Community, Clients and Friends

Kerr Russell is committed to its community, clients and people. As the world navigates through the impact of COVID-19 (coronavirus), we want to assure you that Kerr Russell is committed to supporting our community, clients and people as effectively as we have through every other crisis our Nation has encountered over our firm’s nearly 150-year history. Our firm is fully operational: We have made sure that our lawyers and staff are able to safely and effectively serve our clients’ needs and continue operations on an uninterrupted basis. Most of our people

February 17, 2020

Disputing a Determination by a Workers’ Compensation Insurer

Health Care attorney, Daniel Schulte, answers questions regarding what to do when dissatisfied with a carrier’s reduction or denial of a workers’ compensation claim. The Q&A can be found in the Journal of Michigan Dental Association (February 2020) – Question: A year or so ago, a patient came to see me who needed dental work due to an injury suffered on the job. I held off doing crowns because I believed endodontic treatment was going to be necessary. I did composites and accepted what his employer’s workers’ compensation insurer paid. Now, the patient and returned, needing the root canal treatment and crown as a result of the original trauma. However, the workers’ compensation carrier refuses to pay for the needed endodontic therapy and a restorative core and crown, stating it already covered the care needed at the time of the injury. Is there a mechanism to appeal this decision?

January 17, 2020

Avoiding a National Practitioner Data Bank Report

Health Care attorney, Daniel Schulte, answers questions relating to the National Practitioner Data Bank (NPDB). The Q&A can be found in the Journal of the Michigan Dental Association (January 2020) – Question: My attorney and I are getting close to settling a malpractice claim. The deductible on my malpractice insurance policy is nearly exhausted from my legal fees. I am being advised to consider avoiding a report to the National Practitioner Data Bank (“NPDB”) by paying the settlement amount myself. How does this make sense? Should I not use my available coverage? Can you explain what the NPDB is and how this affects me?

December 13, 2019

Daniel Schulte Answers Questions about Dental Records

Health Care attorney Daniel Schulte provides insight into the most common questions asked regarding dental records. The complete Q&A can be found in the Journal of the Michigan Dental Association (December 2019).   

November 27, 2019

Is a Misunderstanding of Billing Procedures Fraud?

Health Care Attorney Daniel Schulte Answers Questions in the Journal of the Michigan Dental Association (November 2019) – Question: I received a notice from a dental plan I began participating with a year or so ago. It is denying payment of several of my claims and seeking a refund of past payments. The explanation I received was that I used incorrect codes and should not have billed for treatment until it was complete. The dental plan representative keeps saying that I am committing fraud (even suggested that I may have committed a crime). I may have made a mistake but is that fraud?

November 15, 2019

19 Kerr Russell Attorneys Recognized as DBusiness Top Lawyers for 2020

A total of 19 lawyers from Kerr Russell are named as dBusiness Magazine 2020 Top Lawyers. The attorneys are selected through a peer review process.  dBusiness polled 19,000 attorneys across Wayne, Oakland, Macomb, Washtenaw, and Livingston Counties.

October 14, 2019

Daniel Schulte Writes About Legal Marijuana Use on Licensure and Employment

Health Care Attorney Daniel Schulte Answers Questions in the Journal of the Michigan Dental Association (October 2019) – Question: I use marijuana recreationally. I know several dentists who use marijuana for medical reasons. What will be the consequences if the Michigan Board of Dentistry becomes aware of this? Is our controlled substance license of DEA registration in jeopardy? Could our employers terminate us based on marijuana use?

September 25, 2019

How to Respond to a Notice of Investigation from LARA

Health Care Attorney Daniel Schulte answers questions in the Journal of the Michigan Dental Association (September 2019) – Question: I received a letter from an investigator working for the Bureau of Professional Licensing within the Michigan Department of Licensing and Regulatory Affairs (“LARA”). It states I am the subject of an investigation by LARA regarding a possible violation of the Michigan Public Health Code (the “Code”). It further requests a meeting with the investigator. I have no idea what violation is being referred to or who made a complaint. How do I find this out? Should I meet with the investigator? What could happen as a result of this investigation?

September 3, 2019

15 Kerr Russell Attorneys Recognized on the 2019 Michigan Super Lawyers List

A total of 15 lawyers from Kerr Russell are named as Thomson Reuters, 2019 Michigan Super Lawyers. The award is given annually to attorneys who have attained a high degree of peer recognition and professional achievement.

August 21, 2019

Fairness in Employment Agreements in a Dental Practice

Health Care Attorney Daniel Schulte answers questions in the Journal of the Michigan Dental Association (August 2019) – Question:  The employment agreements I have been given do not seem fair. When I object, I am told things like “the associate before me signed it”, “it is a standard agreement” and “our attorney thinks it is reasonable”.  What provisions should I insist on to ensure basic fairness in my employment agreement without making myself look unreasonable?

August 15, 2019

15 Lawyers From Kerr Russell Are Recognized In The Best Lawyers In America© 2020

A total of 15 lawyers from Kerr Russell are named to the prestigious 2020 Edition of the Best Lawyers in America©. The award is given annually in recognition of being named as part of the “top legal talent in the U.S.”

July 16, 2019

Dentistry And The Law: Q & A With Health Care Attorney Daniel Schulte

QUESTION:  I discovered that one of my front office staff has been calling in controlled substance prescriptions for herself using my DEA and Controlled Substance License numbers. Should I terminate her employment?  Do I have a duty to report her to the authorities?  Should I try to get the unused pills back or take any other action?

June 25, 2019

Compliance Overview of the HIPAA Security Rule

More and more medical practices are learning the hard way that the requirements of the HIPAA Security Rule must be implemented.  The first version of the Security Rule became effective in 2005 and has since been amended.  Generally, there are two parts that every medical practice must comply with.

June 20, 2019

Dentistry and The Law: Q & A with Health Care Attorney Daniel Schulte

Question 1:  There are several dentists in my practice.  We all cover for each other.  From time to time we see almost all the patients of the practice.  Why should it matter which dentist is identified as the one who provided a service when all the money we are owed is paid to the practice?  We are not required to separately identify who the hygienists and assistants are who provide services and we bill for their services, why shouldn’t a single dentist be able to bill for all the practice’s services?    Question 2:  Laws aimed at "surprise medical billing" have been in the press lately.  What is surprise medical billing?  Could this apply to dentistry? Journal of the Michigan Dental Association (June 2019)

May 20, 2019

Health Care Law: Physician Self-Regulation

Michigan Medicine, the official magazine of the Michigan State Medical Society (May/June 2019) Question:  Can you advise us of the ways to report illegal and unethical conduct?

May 14, 2019

A Medical Marijuana Card Does Not Protect Employment

Journal of the Michigan Dental Association (May 2019) Question: One of my employees recently tested positive for THC, indicating marijuana use. The drug screen was administered to this employee due to our employee manual provision requiring that employees submit to random drug screens. Our employee manual also provides that we have a zero-tolerance policy when it comes to the use of marijuana and other illegal drugs. I consider marijuana to be illegal despite what Michigan voters did last year, because marijuana is still illegal under federal law. When confronted with the test results, this employee showed me her medical marijuana card and said I couldn't terminate her. Is this true?

September 20, 2018

Kerr Russell recognizes our 2018 dbusiness Top Lawyers in Metro Detroit honorees

Kerr Russell recognizes this year’s dbusiness Top Lawyers in Metro Detroit honorees - 21 attorneys, many for multiple practice areas.

September 14, 2018

Is it legal to have more than one fee schedule?

Journal of the Michigan Dental Association (September 2018) - QUESTION: I recently terminated my contract with Delta Dental. As a result my Delta patients may have higher out of pocket costs if they elect to continue treating with me and the hassle of filing claims with Delta to obtain their benefits. In an effort to keep as many of my Delta Dental patients as possible I plan to offer them reduced fees. These lower fees will be different than the Blue Cross Blue Shield of Michigan ("BCBSM") fee schedule (I only participate with BCBSM on a per claim basis), the fee schedules of other dental plans I continue to participate with and the fees I charge patients that have no dental insurance or dental plan coverage. Is there anything illegal about charging patients differing fees for the same services?

September 7, 2018

15 Kerr Russell attorneys recognized as 2018 Super Lawyers

Congratulations to the following attorneys who have been designated "Super Lawyers" by Thomson Reuters:

August 15, 2018

15 lawyers from Kerr Russell were recognized in The Best Lawyers in America© 2019

A total of 15 lawyers from Kerr Russell have been named to the prestigious 2019 Edition of the Best Lawyers in America©. The award is given annually in recognition of being named as part of the “top legal talent in the U.S.”

August 14, 2018

New requirements for opioid prescribing now effective

Journal of the Michigan Dental Association (August 2018) - Question: I frequently prescribe opioids following procedures in my practice. Can you explain the new requirements on opioid prescribing that recently took effect?

July 10, 2018

Practice Break-Ups/Ownership of Patient Records

Journal of the Michigan Dental Association (July 2018) - QUESTION: I have practiced with a partner for several years. We are the only shareholders in a professional corporation. We never put in place employment agreements, a shareholder agreement, or any other contracts between us or the PC. We recently have had disagreements regarding the operating of the practice. My partner has now notified me that he is going to break off on his own. He has set up a new practice a mile away, has notified patients that their records will be transferred to this new location and that he will continue treating them there.   Can my partner just pick up and leave, taking the dental records and patients with him?

June 5, 2018

Beware termination rights in your contracts

Journal of the Michigan Dental Association (June 2018) -  Question: I recently told a supplier of dental products that I was terminating my contract with them. I did so because I found another supplier who has a better reputation for service and lower prices. I was surprised to receive an invoice from my former supplier in the amount of $2,875.00 for “termination fees”. When I called to complain I was told that these fees were called for in my contact. Why am I being charged to move my business to a better supplier? Is this legal?

May 17, 2018

Daniel Schulte, Patrick Haddad, Katherine Cser conduct "Ask the Experts" panel at Michigan State Medical Society's 7th Annual Spring Scientific Meeting

Kerr Russell attorneys Daniel Schulte, Patrick Haddad, and Katherine Cser arrived bright and early for the “Ask the Experts" panel at Michigan State Medical Society's 7th Annual Spring Scientific Meeting in Dearborn on May 17. Discussing opioid legislation, professional liability insurance, electronic medical records, identifying and preventing workplace harassment, accessibility, patient/physician relationship, and other topics.

May 13, 2018

2018 Detroit Heart Walk a great (if rainy) success - Kerr Russell colleagues contribute over $6,000

Kerr Russell's participation in the 25th anniversary Detroit Heart Walk, benefiting the Southeast Michigan American Heart Association, was a great success, with Kerr Russell colleagues raising $6,230 to contribute to the cause. This was in addition to the firm's overall sponsorship and to member Jason Bank's leadership on the Heart Walk's executive cabinet.

May 4, 2018

The difference between "noncovered services" and "disallowed services"

Journal of the Michigan Dental Association (May 2018) - Question: I have heard quite a bit lately about issues with dental plans. Sometimes audits are conducted and refunds are sought other times there are different contract issues. Some dentists use the term “noncovered services” others refer to “disallowed services”. Are they the same thing? If not, what is the difference?

April 5, 2018

Fred Herrmann honored at Michigan Lawyers Weekly's "Leaders in the Law" luncheon

On April 5, Kerr Russell member Fred Herrmann (antitrust, litigation, dispute resolution) was honored at a luncheon, held at the Detroit Marriott - Troy, alongside the rest of Michigan Lawyers Weekly's "Leaders in the Law" Class of 2018. Kerr Russell attendees included Jim Cambridge, Jason Bank, Dan Schulte, Dan Ferris, Jeff May, Anna Valk, Ashley Racette, and Roy Sexton. Fred's wife Mindy Herrmann was there as well. (Picture left. To the left, Fred receives his award from Opinion Editor Agenique Smiley.)

April 2, 2018

Beware when purchasing software and other technology

Journal of the Michigan Dental Association (April 2018) - Question: I recently replaced my electronic dental record system and purchased an electronic back up service from a well-known national dental supply company. Due to a local disaster all the dental records stored on the computer hardware in my office were destroyed and are not recoverable. When I contacted this company I purchased back up services from I was told that they had failed to back up my records as they promised. I was told that all I could recover from this company was three months of fees I paid for the backup service. My damages are significantly greater than this. How can this be?

March 16, 2018

Extension of the Moratorium for the 2.3% Medical Device Excise Tax

Journal of the Michigan Dental Association (March 2018) - QUESTION: I have been reading about the medical device excise tax (2.3% of the cost of medical devices) coming back in 2018. This was talked about in the past but I thought it had gone away. Is this true? MDA just got rid of the Michigan sales tax on what we buy from dental labs. Will dentists now be charged this 2.3% tax on these items?

March 12, 2018

2017 prescribing requirements add burdens to physician practice

Michigan Medicine - Michigan State Medical Society (March/April 2018) - QUESTION: Can you explain the new requirements for physicians when prescribing drugs?

March 9, 2018

Dan Schulte presents on new opioid prescribing laws to physicians at Blue Cross Blue Shield of Michigan quarterly PGIP meeting

From The Michigan State Medical Society: MSMS Legal Counsel Dan Schulte of Kerr Russell presented the new opioid prescribing laws to physicians at the Blue Cross Blue Shield of Michigan quarterly PGIP meeting on March 9, 2018.

February 15, 2018

Jason Bank, new member of Detroit Athletic Club

Congratulations to Kerr Russell member Jason Bank (bankruptcy, restructuring) on becoming a member of the Detroit Athletic Club. Other Kerr Russell partners who belong to the DAC include Mark Cunningham, Dan Schulte, and Kurt Vilders. Associate Stephen Reaume is also a member.

January 26, 2018

Download Kerr Russell's updated firm brochure and overview of services

Kerr Russell is proud of Detroit. We are proud to have had a seat at the table here since 1874. Our exceptional attorneys understand the unique challenges facing business leaders. Our legal solutions are prompt, accurate, economical, and focused around your needs in every area. We know Michigan business like the back of our hands.

January 19, 2018

Questions about dental records following the acquisition of a practice

Questions addressed below: How long do dental records have to be maintained? Do I have to maintain records of patients that I have not seen and have no dentist-patient relationship with? Can I contact patients and seek permission to destroy their old records? Can I move records to offsite storage facilities? Once I identify records that are more than 10 years old, can I just throw them in the trash?

January 3, 2018

Kerr Russell highlighted in Best Lawyers - Business, Winter 2017 issue

Look for Kerr Russell attorneys and advertising (pages 92-95) in the Best Lawyers - Business, Winter 2017 issue. Earlier in 2017, a number of Kerr Russell's attorneys and practice areas were honored with U.S. News and World Report Best Lawyers recognition.

December 18, 2017

Kerr Russell team makes holiday donations to Capuchin Soup Kitchen, Wigs 4 Kids, Ronald McDonald House Charities of Ann Arbor, and Children's Hospital of Michigan

One of our traditions here at Kerr Russell is to hold a holiday raffle to benefit three local charities as well as to conduct a toy drive for local children. This year's raffle (many of the beautiful and festive prizes picture here) raised a record total of $3,450 which will be divided equally among three organizations: Capuchin Soup Kitchen, Wigs 4 Kids of Michigan, Inc., and Ronald McDonald House Charities of Ann Arbor.

December 7, 2017

William Blasses honored as Up & Coming Lawyer at Michigan Lawyers Weekly 2017 luncheon

William Blasses was recognized as one of Michigan Lawyers Weekly's "Up & Coming Lawyers" at their 2017 luncheon on December 7 at the Detroit Marriott in Troy.

November 30, 2017

Merry and bright ... Kerr Russell welcomes the holiday season

It's a time to celebrate, reflect and remember. However you mark the holidays, we hope your days are filled with warmth and thankfulness, good times, and endless cheer. As another year draws to a close, we at Kerr Russell are grateful to you. You give purpose to our work and add meaning to our relationships. Your trust is a cherished gift. Enjoy these images as we get our offices ready to celebrate the holiday season. Design by Mandy Lark of Lark Interior Design.

November 30, 2017

Kerr Russell, Boulevard Investment lunch and learn

Kerr Russell hosted Royal Oak's Boulevard Investment Banking at our Detroit office for a lunch-and-learn event on Thursday, November 30. From Boulevard's website: "Boulevard is a boutique, investment banking and private investment firm focused on working with owners, operators, and businesses active in the middle market.

November 27, 2017

Video/audio recording of procedures (health care)

QUESTION: A patient’s wife asked if she could remain with her husband in the ER while I examined him treated his injury. The husband said that this was fine with him. The wife stood in the corner behind the nurse and I who were focused on performing a procedure. When we were finished I turned to let the wife know we were finished and all went well and discovered she was making a video of the procedure with her iPhone. She never asked for permission to make the video and no one provided consent. Can a video legally be made under these circumstances? Do I have any legal recourse?

November 17, 2017

Detroit Legal News: Friday Feature: Law firm's space redesign invokes Detroit past, present, and future

Thanks to the Detroit Legal News for their coverage of Kerr Russell's Detroit-centric space redesign.

November 16, 2017

Culture of Connection - new Kerr Russell ad to appear in Michigan Lawyers Weekly and dbusiness

Kerr Russell introduces the second ad in the new "Est. in Detroit 1874" series: "A culture of connection." The piece emphasizes the firm's 143-year presence in Detroit as part of the larger business and legal community. "We are relationship focused. We know our people and our clients are the lifeblood of our firm."

November 3, 2017

Kerr Russell launches new advertising in upcoming issues of dbusiness and Crain's Detroit

With this month's issue of dbusiness, focused on Top Lawyers in Metro Detroit, Kerr Russell launches its new brand advertising with "A Track Record of Results." Working with Identity Public Relations and Marketing, Kerr Russell's marketing team developed the creative to emphasize the firm's longstanding place in Detroit's legal and business history.

November 3, 2017

Kerr Russell recognizes this year’s dbusiness Top Lawyers in Metro Detroit honorees

Kerr Russell recognizes this year’s dbusiness Top Lawyers in Metro Detroit honorees:

November 2, 2017

Kerr Russell redesign featured in Michigan Lawyers Weekly

As part of Michigan Lawyers Weekly's "Legal Roundup" feature, author Thomas Franz highlighted Kerr Russell's recent redesign project (original article here; more detail on the project here).

November 1, 2017

Kerr Russell ranked in the 2018 U.S. News - Best Lawyers® "Best Law Firms" list nationally in 1 practice area and regionally in 17 practice areas

U.S. News & World Report and Best Lawyers, for the eighth consecutive year, announce the "Best Law Firms" rankings.

October 24, 2017

Detroit is in Kerr Russell's DNA: space redesign invokes Motor City's past, present, and future

Detroit is in Kerr Russell’s DNA. We have been located in Detroit since 1874. We have been at the table for so much of this beautiful, rugged, scrappy city’s history. We have been here when it was cool, when it was not, and when it was again. We could not be happier to see the dynamic resurgence, across industry and across culture, which Detroit has now achieved.

October 16, 2017

Kerr Russell supports Detroit Athletic Club (October 2017 DAC News)

From the October 2017 DAC News ... We are proud of Detroit. We are proud to have had a seat at the table here since 1874. Our exceptional attorneys understand the unique challenges facing business leaders. Our legal solutions are prompt, accurate, economical, and focused around your needs in every area, including business law, labor and employment, immigration, mergers and acquisitions, real estate and construction, healthcare, medical practices, tax, contract negotiation, restructuring, automotive, manufacturing, and commercial litigation.

September 28, 2017

Consider National Practitioner Data Bank Reporting Prior to Settling Licensing Complaints and Medical Staff Peer Review Actions

QUESTION: I recently settled licensing complaint with the State of Michigan during my compliance conference. In my view the complaint lacked merit but I did not want to pay to go through an administrative hearing. To buy my peace and move on I agreed to a reprimand and a $500 fine. After I signed off someone mentioned that I may be reported to the National Practitioner Data Bank. This never came up at the compliance conference. My lawyer never mentioned this in our discussions and is not sure if this is the case or not. I would not have settled had I known a report would be made to the NPDB and assumed I was settling this quietly. Can you tell me if a NPDB report must be made?

September 12, 2017

16 Kerr Russell attorneys recognized as 2017 Super Lawyers

Congratulations to the following attorneys who have been designated "Super Lawyers" by Thomson Reuters.

August 21, 2017

17 lawyers from Kerr Russell were recognized in The Best Lawyers in America© 2018

A total of 17 lawyers from Kerr Russell have been named to the prestigious 2018 Edition of the Best Lawyers in America©. The award is given annually in recognition of being named as part of the “top legal talent in the U.S.”

August 10, 2017

A culture of giving

If you want to know how a firm can thrive for over 140 years in a city that has faced considerable challenges, walk through the door of Kerr Russell’s suite on the 25th floor of the Detroit Center and get a feel for the people.

August 1, 2017

Daniel Schulte contributes "Direct Claims for Payment from No-Fault Insurers" to the Michigan State Medical Society's Michigan Medicine magazine

Kerr Russell's Dan Schulte contributes the article "Direct Claims for Payment from No-Fault Insurers" to the "Ask Our Lawyer" feature of Michigan State Medical Society's Michigan Medicine (July/August issue). Dan serves as legal counsel for the Society and is a member and managing partner of Kerr Russell.

August 1, 2017

Daniel Schulte contributes "Direct Claims for Payment from No-Fault Insurers" to the Michigan State Medical Society's Michigan Medicine magazine

Kerr Russell's Dan Schulte contributes the article "Direct Claims for Payment from No-Fault Insurers" to the "Ask Our Lawyer" feature of Michigan State Medical Society's Michigan Medicine (July/August issue). Dan serves as legal counsel for the Society and is a member and managing partner of Kerr Russell.

November 7, 2016

Kerr Russell attorneys named 2017 Top Lawyers by dBusiness Magazine

Kerr Russell counts 11 attorneys among this year’s Top Lawyers as recognized by dBusiness magazine. The 2017 Top Lawyers were selected based on a peer review survey of 19,000 attorneys in Wayne, Oakland, Macomb, Washtenaw, and Livingston counties. Attorneys are asked to nominate lawyers among 48 legal specialties.

November 1, 2016

Kerr Russell Attorneys Named 2016 Super Lawyers

Kerr Russell attorneys have been named SuperLawyers for 2016, two have been named to the Michigan Top 100 and four have been named as Rising Stars.

Representative Matters

Acquisitions and sales of companies and business interests of various sizes

Purchases and sales of real estate and interests in single purpose real estate entities

Negotiating shareholder/member disputes to resolution

Drafting complex business contracts

Representing health care providers in licensing matters before the State of Michigan and other regulators

Structuring business transactions for healthcare provider to insure compliance with Stark Law, Anti-Kickback Statute and other prohibitions unique to heath care providers

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