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overview
Daniel J. Schulte has more than 25 years of experience helping clients solve tough problems and capitalize on opportunities that require a blend of business and legal expertise.
Practice Areas
Bio
Daniel’s practice includes a focus on addressing the legal, business, licensing, and regulatory challenges of health care professionals, organizations, and facilities.
Through his experience as a Certified Public Accountant, his role as a former managing partner and current executive committee member of the firm, and as co-chair of the firm’s Health Care Practice Group, Dan understands how legal issues impact business objectives and, as a result, offers his clients practical, results-oriented advice.
Dan’s practice involves representing health care clients in state regulatory matters, including disciplinary and other licensing disputes with the State of Michigan, and federal regulatory matters including fraud and abuse issues. He also counsels on the anti-kickback and Stark laws, preparation of compliance programs, and responding to and negotiating settlements in connection with government enforcement actions. In addition, Dan assists health care clients with a number of corporate, transactional, and contractual issues.
Beyond his work in the health care arena, Dan has significant experience representing businesses and entrepreneurs in a wide range industries in all aspects of transactional, operational and regulatory legal matters. His experience includes advising and counseling clients, from auto suppliers to real estate ventures, concerning the formation of business entities, the preparation and review of business and corporate contracts, the purchase and sale of ownership interests in businesses and/or their assets, and the purchase, sale, and leasing of real estate.
Dan is also well-known for his knowledge and experience in the area of association law and is primarily responsible for the firm’s representation of the Michigan State Medical Society the Michigan Dental Association and the Michigan Osteopathic Association. His work related to association law includes the drafting and review of new legislation and the preparation of Amicus Curiae Briefs for filing in Michigan’s Supreme Court and Court of Appeals on a variety of topics affecting health care professionals practicing in Michigan.
Dan is an active thought leader who writes articles and presents frequently before legal, medical and business groups on a variety of topics, including HIPAA, the HITECH Act, the Stark Law, the fraud and abuse laws, health care compliance plans, business succession planning, asset protection, and estate and tax planning.
He is repeatedly ranked among The Best Lawyers in America©, and has been named a “Michigan Super Lawyer” by Thomson Reuters.
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
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 17, 2018
2018 Associates Golf Outing - a good (and rainy) time had by all
Our 2018 Associates Golf Outing, held at The Links of Novi, was a smashing success and a great teambuilding experience - a good (and rainy) time was had by all.
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 29, 2018
Detroit Public Television's PBSNewsHour and Nightly Business Report to be sponsored by Kerr Russell
Kerr Russell is pleased to support Detroit Public Television, and, beginning April 2, the following spot will air during PBS NewsHour (weekdays, 6-7 pm) and the Nightly Business Report (weekdays, 7-7:30 pm). View the spot here.
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 26, 2018
Kerr Russell's latest ad "Driven By Results" debuts in Crain's M&A, Biggest Deals issue this week
Kerr Russell's latest ad "Driven By Results" debuts in Crain's M&A, Biggest Deals issue this week. The ad emphasizes the firm's 143-year presence in Detroit as part of the larger business and legal community. "We understand the region. We know what moves Michigan. We are committed to the community."
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 15, 2018
Influencing the Legal Landscape - new Kerr Russell ad to appear in dbusiness
Kerr Russell introduces the third ad in the new "Est. in Detroit 1874" series: "Influencing the legal landscape." The piece emphasizes the firm's 143-year presence in Detroit as part of the larger business and legal community. "We don't sit on the sidelines. We are active in industry groups and we're driving legislative change. We are leaders in the law."
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 22, 2017
Kerr Russell supports Michigan Dental Association with updated ads
Updated Kerr Russell ads will begin running in 2018 in the Michigan Dental Association Journal. Kerr Russell offers professional discounts to all MDA members.
December 22, 2017
Kerr Russell's health care practice updates advertising message for physician association publications, including MSMS' Michigan Medicine and MOA's TRIAD
Be on the lookout for our updated in-magazine advertising for the Michigan Osteopathic Association's TRIAD and Michigan State Medical Society's Michigan Medicine, among other publications in future months. [Design by Nikki Horn.]
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
Representation of buyers and sellers in large, complex transactions including an $80,000,000 sale of a technology-based provider of automotive owner and service information, a $150,000,000 sale of a provider automotive content authoring, production and fulfillment services and the issuance of Michigan legal opinion in $135,000,000 sale of a Michigan anesthesiology practice to a national group practice.
Representation of physicians, dentists and their group practices in a wide variety of transactions to insure Medicare/Medicaid, Stark Law and Anti-Kickback Statute compliance.
Representing state wide associations of professionals in litigation seeking enforcement by the State of Michigan of laws beneficial to the association’s members.
Representation of physicians, dentists and their group practices on the buy and sell side of sales, buy in, employment and other transactions involving physician and dental practices, ambulatory surgical centers, clinics and other health care facilities.
Representation of health care professionals in licensing actions before Michigan’s Board of Medicine, Board of Osteopathic Medicine and Surgery and Board of Dentistry.