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.
Kerr Russell attorneys Patrick Haddad, Kathleen Westfall, Olivia Hankinson, and Cody Attisha presented two webinars to the health care industry. On April 9, 2020 they presented to members of the Michigan Society of Eye Physicians and Surgeons and on April 16, 2020 they presented to members of Oakland Southfield Physicians. During these webinars, the team discussed legal issues related to the COVID-19 pandemic and their impact on health professionals and medical practices and facilities. They also discussed updates on the following legal topics:
Health Care
Kathleen Westfall discussed the various Executive Orders and issued by Governor Whitmer and their impact on health professionals, medical practices and facilities. She also addressed notices and guidance issued by state and federal agencies, as well as third party payors in response to the COVID-19 public health emergency. Other legal issues addressed include scope of practice laws, licensing, continuing medical education, professional liability and immunity for licensed and unlicensed health professionals and retirees, HIPAA privacy, and telemedicine.
Labor and Employment
Olivia Hankinson discussed various options available for employers with workplaces affected by COVID-19, including explaining the differences between layoffs, furloughs, and termination of employment. She specifically addressed employer obligations arising under the Families First Coronavirus Response Act, along with the Act’s elective exemption available to health care providers. Olivia also provided information related to unemployment insurance benefits, Governor Whitmer’s shelter-in-place Executive Orders, and answered questions presented by participants attending the webinar.
Taxation and Incentives
Cody Attisha discussed various tax incentives including the extended timeline for filing 2019 tax returns and making first quarter 2020 estimated tax payments along with payroll tax credits and payroll tax deferral benefits. He also addressed the SBA Paycheck Protection Loan Program (“PPP Loan”) including the eligibility requirements for obtaining a PPP Loan and also for having all or a portion of the PPP Loan forgiven.
For support and information relating to COVID-19, please visit the Kerr Russell COVID-19 Resource Center. Please contact a Kerr Russell attorney with questions relating to any of the above information.
Patrick J. Haddad
has over 28 years of experience in the areas of corporate law, health care law, insurance and securities. He is chairperson of the firm’s Securities Law Practice Group, co-chairperson of the firm’s Health Care Practice Group, and the firm’s Co-General Counsel. Patrick’s health care law practice includes advising on provider contracting, formation of management service organizations (MSO) affiliated with health care providers, change of ownership (CHOW), certificate of need (CON), hospital/medical staff relationships, third party payor reimbursement, and state and federal laws regulating the delivery of health services and the business of healthcare.
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. She 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 represents health care professionals and facilities in connection with licensing investigations and other enforcement actions by state and federal agencies.
Cody Attisha focuses on taxation law, corporate law, mergers and acquisitions, finance, and estate and trust planning. He also helps clients with entity formation, including evaluating, choosing, and implementing the right partnership, corporate, or non-profit structure.
Olivia V. Hankinson counsels and advises business owners, managers and human resources professionals on various labor and employment related issues. These often involve concerns which may implicate employment laws including the Americans with Disabilities Act, Title VII of the Civil Rights Act, the Fair Labor Standards Act, the Michigan Persons with Disabilities Civil Rights Act, the Family and Medical Leave Act, the National Labor Relations Act, and the Michigan Occupational Safety and Health Act. Olivia represents employers with respect to unemployment insurance hearings, MIOSHA violation allegations, EEOC investigations, and other employment law matters. She also drafts employee handbooks, employment agreements, restrictive covenants, and various other employment policies.
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