Kathleen A. Westfall

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

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overview

Kathleen A. Westfall maintains a business practice focused primarily on helping clients to navigate complex licensing and regulatory issues related to state and federal health care laws and regulations.

Practice Areas

Business and Corporate Law

Captive Insurance and Alternative Risk Programs

Health Care Law

Insurance Coverage Disputes

Insurance Law

Litigation and Dispute Resolution

Physician Licensing, Staffing and Contract Disputes

Real Estate

Securities Law

Bio

Kathleen brings a business-minded approach to problem-solving, and a sharp focus on compliance, so that her clients can do what they do best: providing the highest level of care possible to those they serve. Her capabilities include addressing regulatory compliance issues for health care professionals, organizations, and facilities in connection with the Michigan Public Health Code, Mental Health Code, HIPAA, Stark law, Anti-Kickback Statute, False Claims Act, Medicare and Medicaid regulations, and other state and federal laws and regulations. She also represents health care professionals and facilities in connection with licensing investigations and other enforcement actions by state and federal agencies.

In addition, Kathleen assists health care clients with a number of corporate and contractual issues and disputes, including third party payor audits, insurance coverage matters, and reviewing, drafting and negotiating various contractual agreements. She also regularly advises clients regarding the acquisition and divestiture of medical practices, including matters involving real estate interests. 

Beyond her focus on health care, Kathleen works with business clients in areas including corporate formation and governance, contracts, insurance, real estate transactions and related due diligence, and legal and regulatory compliance. 

Kathleen was recognized as a Best Lawyers: Ones to Watch for 2021 and 2022, an award given to attorneys for outstanding professional excellence in private practice.

Articles

Presentations

  • The Gravity of Licensing Disciplinary Actions, Michigan State Medical Society, November 9, 2022
  • Changes to Michigan’s No-Fault Act for Physicians, Michigan State Medical Society, November 10, 2021
  • Navigating the No Surprises Act, Michigan State Medical Society, October 13, 2021
  • The Gravity of Licensing Disciplinary Actions, Michigan Osteopathic Association, May 13, 2021
  • Physician Employment Agreements: Key Provisions and Common Pitfalls, St. Mary Mercy Hospital, September 19, 2019

credentials

Affiliations

  • State Bar of Michigan
  • American Bar Association
  • Federal Bar Association

Bar and Court Admissions

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

Education

  • Wayne State University Law School, J.D.
    • cum laude
    • Dean’s Scholar
    • Student Board of Governors
    • National Appellate Advocacy Team
    • Moot Court
  • Wayne State University, B.S.
    • summa cum laude
    • Presidential Scholar

Insights & News

August 17, 2023

Kerr Russell Attorneys Recognized By Best Lawyers In America© 2024 And Best Lawyers: Ones To Watch

Twenty Kerr Russell members were recently selected by their peers for inclusion in The Best Lawyers in America® 2024. In addition, six Kerr Russell attorneys were recognized as 2024 Best Lawyers: Ones To Watch.

March 27, 2023

Cybersecurity for Medical Practices: Addressing the HIPAA in the Room

Kathleen Westfall and Nezar Habhab discuss proactive measures medical practices should take to mitigate risk and protect patient data in the latest issue of the Detroit Medical News (First Quarter 2023).

January 5, 2023

Understanding Michigan's E-Prescribing Requirement Exceptions and Waiver Process

Physicians are now required to transmit prescriptions electronically unless an exception applies. Kathleen Westfall outlines these exceptions and what physicians must do to comply with the Michigan Public Health Code's newest requirement in the latest edition of the Detroit Medical News.

October 10, 2022

OIG Special Fraud Alert: Seven Suspect Characteristics of Fraudulent Telemedicine Arrangements

The Department of Health and Human Services Office of Inspector General issued an alert earlier this year warning physicians of potential fraud schemes when engaging with telemedicine companies. Kathleen Westfall discusses the seven "suspect characteristics" that could suggest risk of fraud and abuse in the latest issue of the Detroit Medical News.

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.

April 25, 2022

Understanding Your Professional Liability Policy

Kathleen Westfall discusses key components of physician professional liability policies in the latest issue of the Detroit Medical News.

January 7, 2022

Physician Employment Agreements: Key Provisions to Negotiate and Common Pitfalls to Avoid

Kathleen Westfall discusses key considerations for physicians negotiating employment agreements in the latest issue of the Detroit Medical News.

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.

May 13, 2021

Kathleen Westfall Presented on Federal Information Blocking Rules

Katie Westfall and Matt Reid, with the American Medical Association, presented in a webinar for the Michigan State Medical Society (MSMS),  on what information blocking is and how physicians can comply.

March 9, 2021

Kathleen Westfall Discusses Legislation Surrounding Telemedicine for Detroit Medical News

The COVID-19 pandemic continues to demonstrate the importance and effectiveness of telemedicine as a means of providing patients with access to safe and quality medical care through the use of technology.

January 4, 2021

Anna Valk and Kathleen Westfall Named Members

Attorneys Anna Valk and Kathleen A. Westfall were named members at Kerr Russell. The two were selected at the end of 2020 for promotions effective January 1, 2021.

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.

April 17, 2020

Kerr Russell Presents Webinars on COVID-19 Legal Topics for Physicians and Medical Practices

Coronavirus disease (COVID-19) has created a public health emergency resulting in the enactment of several laws, Executive Orders, notices and guidance at the federal, state and local levels.

March 30, 2020

Emergency Orders Requiring COVID-19 Screenings and Social Distancing Plans

Oakland, Washtenaw and Wayne Counties follow Governor Whitmer in issuing Emergency Orders requiring COVID-19 screenings. They also implement social distancing plans for essential business workers.

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

September 19, 2019

Kerr Russell Presenting at Business of Medicine Event

Mark Stasa and Kathleen Westfall are presenting today at the Business of Medicine Event. The event with more than 20 physicians is at St. Mary Mercy Livonia.

August 14, 2019

Kerr Russell Featured as "Faces of Corporate Law 2019" by DBusiness

Kerr Russell is honored to once again serve as DBusiness Magazine's "Faces of Corporate Law." Attorneys pictured: Anna Valk (real estate), John Gatti (corporate/taxation), and Katie Westfall (health care).

April 12, 2019

One Year Later: Michigan’s Legislation Combating the State’s Opioid Crisis

Patrick J. Haddad and Kathleen A. Westfall co-authored article "Michigan Legislation and Administrative Rules Affecting the Prescribing of Controlled Substances:  One Year Later," was recently published in the Oakland County Medical Society March/April Bulletin. The one-year anniversary of the effective date of the first phase of Michigan’s 2017 legislation combating the state’s opioid crisis is soon approaching.  This article furnishes a high-level summary of the Michigan legislation and recently promulgated administrative rules, their effective dates and other guidance.

November 20, 2018

Kerr Russell members published in Oakland County Medical Society Publication

Patrick Haddad and Kathleen Westfall Co-Author Article to be published in Oakland County Medical Society Publication entitled: "New Michigan Administrative Rules: Bona Fide Prescriber-Patient Relationships and Controlled Substances Awareness Training"

September 16, 2018

Kathleen Westfall presents on opioid crisis at a St. Mary Mercy Livonia Hospital/St. Joseph Mercy Health System continuing medical education conference September 15

Kathleen Westfall, who co-authored with member Daniel Ferris the white paper "New laws for prescribing controlled substances in Michigan: Are you ready?," discussed the legal implications of the opioid crisis at a St. Mary Mercy Livonia Hospital/St. Joseph Mercy Health System continuing medical education conference on September 15. Kathleen maintains a business law practice focused in the areas of health care law, insurance, securities and general corporate law.

June 8, 2018

New Michigan Legislation: Sexual Assault Prevention and Health Professionals

Bulletin: Oakland County Medical Society (June/July 2018) - The first six months of 2018 has seen a flurry of legislative developments affecting the practice of the health professions in Michigan. Early in the year, significant legislation affecting the prescribing of controlled substances generally, and opioids in particular, became law.

March 14, 2018

New laws for prescribing controlled substances in Michigan: Are you ready?

In an effort to further combat prescription drug and opioid addiction, the Michigan legislature recently enacted new legislation affecting the prescribing of controlled substances by physicians and other licensed prescribers.

March 9, 2018

New Michigan Legislation Affecting the Prescribing of Controlled Substances

Numerous Michigan House and Senate bills affecting the prescribing of controlled substances were enacted into law in late 2017.

February 9, 2018

Kerr Russell supports "Life is a Cabaret" American Cancer Society Relay for Life event

On February 7, Kerr Russell turned out in force to support Life is a Cabaret: LIVE Musical Fundraiser for Relay For Life of Canton and Plymouth, MI. Director of Marketing Roy Sexton performed a number of songs during the show and served as a co-emcee alongside Christopher Tremblay, Ed.D.. Kerr Russell attendees (pictured) included Angie Lyons-Hincks, Candice Hadley, Brandy Mathie, Ashley Racette, Sue Smith, Cindy Villeneuve, Jan Clarey, Jeffrey May, Kathleen Westfall, Gail Showler, Laura Evans Jones, Karen Schumer, Debra Behrmann, Heather Kalfayan, Kristina Kalfayan, Kelly Hinojosa, Jackie Klima, Susan Willis, and their friends and family.

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.

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.

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 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 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.

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 9, 2017

Ashley Racette and Kathleen Westfall participate in the Lakeshore Legal Aid Expungement Clinic pro-bono program

Kerr Russell lawyers Ashley Racette and Kathleen Westfall participated in the Lakeshore Legal Aid Expungement Clinic pro-bono program on August 8, 2017.

Representative Matters

Representing physicians and other health care providers in licensing investigations and disciplinary and other enforcement actions by LARA, DEA, and other state and federal agencies.

Advising health care and business clients on legal and regulatory compliance matters

Acquisition and sale of professional practices

Drafting and negotiating employment, professional service and other business agreements