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Health Care Law

Experience that Delivers Results

Our services are geared toward producing practical, business-oriented solutions for clients. We help clients in Michigan, across the country, and throughout the world.Contact Us

Kerr Russell’s experience in the field of health care law spans more than 70 years. In that time, and in representing a multitude of health care professionals and providers, our attorneys have developed uncommon insight into the relationships among physicians, insurers, health facilities and patients.

This experience is particularly valuable to clients who are competing in today’s evolving, volatile, and highly-regulated health care marketplace. Our attorneys counsel physicians, hospitals and other health care providers, managed care interests, durable medical equipment providers, major groups in organized medicine, and medical staffs. We also counsel assisted living centers, nursing homes and homes for the aged. Our representation of health care clients also includes administrative proceedings, and licensure and litigation services. Additionally, a particular strength of our practice concerns the formation and representation of alternative risk transfer entities for health care clients, including captive insurance companies, risk retention groups and other alternative insurance structures.

Since health care matters for clients often extend beyond purely health care issues, we draw upon resources across the firm in areas such as corporate, litigation, taxation, and real estate law to deliver complete solutions for our clients.

Our legal services include:

  • Antitrust counseling in  health care mergers, acquisitions and joint ventures
  • Certificate of Need
  • Compliance with anti-kickback, fraud and abuse, self-disclosure, Stark HIPAA, and other health care compliance statutes
  • Compliance plans
  • Contracting with insurers, medical/dental plans, managed care plans and Accountable Care Organizations
  • Corporate Integrity Agreements
  • Corporate practice of medicine, including corporate and retail medical clinic formation
  • Emergency Medical Treatment and Active Labor Act (EMTALA)
  • Financing transactions
  • Health care facility and professional license and accreditation matters
  • Hospital and medical staff matters
  • Licensing and disciplinary matters
  • Litigation
  • Long-term care facility matters
  • Management Service Organizations (MSO) for health care providers
  • Medical staff matters
  • Medicare and Medicaid provider and supplier enrollment, certification and compliance
  • Merger and acquisition transactions
  • Reimbursement, billing and claims, and third-party payor and payment matters
  • Risk retention groups, captive insurance companies and other alternative risk transfer entities
  • Physician Organizations and Physician Hospital Organizations
  • Post payment audits
  • Professional, facility and institutional liability and risk management
  • Peer review
  • Skilled nursing facility certification and survey compliance
  • Michigan Medical Records Act

Practicing Attorneys & Staff

Amanda M. Phillips


Amanda maintains a general corporate practice, assisting clients with entity formation, corporate governance, and...

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Jason W. Bank


Jason W. Bank has over 25 years of experience in bankruptcy, restructuring and general...

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Daniel J. Ferris


Daniel J. Ferris feels privileged to be called upon to assist companies and individuals...

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Patrick J. Haddad


Patrick J. Haddad has over 30 years of experience in the areas of corporate...

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Kate M. McCarroll


Kate McCarroll practices and leads the firm's Immigration law practice group....

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Daniel J. Schulte


Dan has significant experience in business law, finance and real estate transactions. His background...

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Mark J. Stasa


Mark J. Stasa has more than 25 years of experience in the areas of...

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Kathleen A. Westfall


Kathleen A. Westfall maintains a business practice focused primarily on helping clients to navigate...

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Patricia C. Schabath


Patricia C. Schabath concentrates her practice in the defense of physicians and facilities in...

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Related Insights

March 24, 2024

Before You Sign—Minimizing Medical Director Liability Exposure

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December 11, 2023

Consider These Five Compliance Questions in Your Medical Practice

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November 29, 2023

Problems with Referral Incentives Explained

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October 30, 2023

Is This Patient Abandonment? Two Scenarios

Question: Due to a staffing shortage at my office, I have been forced to make some difficult choices. For example, I have had some patients who were seen previously...

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August 28, 2023

Status of Covenants Not to Compete and Liquidated Damages Provisions

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July 26, 2023

Did I Commit Fraud?

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June 20, 2023

Accessing/Disclosing Prescription Information on Software Platforms

Question: Our eScribe software allows us to access a patient’s prescription history. We are able to see what medications have been prescribed by other health care providers. MAPS also allows...

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May 24, 2023

What Are My Rights When a Health Plan Audits My Claims?

Question: A health plan that I participate with has sent me a notice stating that it has audited some of the claims I have submitted over the past three...

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May 22, 2023

When Patients Won't Agree to Exams and X-Rays

Question: More and more I have patients refusing exams and X-rays for financial reasons. These patients only want to have their teeth cleaned. I am uncomfortable allowing this in...

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April 28, 2023

Why the Antitrust Laws Are Important in Dentistry

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March 31, 2023

Are My Recruiting Strategies Damaging My Practice?

Due to these shortages, many employers are increasing their recruiting and retention efforts; however, such efforts are not without legal risk. Although employers are encouraged to speak with legal...

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March 29, 2023

Hospitals May Face Increased Liability Under Michigan Supreme Court Decision

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March 27, 2023

Cybersecurity for Medical Practices: Addressing the HIPAA in the Room

Cybersecurity attacks, such as malware, phishing emails, and password attacks, are a growing threat to patients and medical practices. Cyber attacks can significantly disrupt patient care, including by exposing...

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March 22, 2023

FTC Considers Banning Covenants Not to Compete

Question: I’m reading media accounts that the FTC is about to ban all covenants not to compete. When will this happen? Will the covenant not to compete in my...

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February 22, 2023

Terminating the Dentist-Patient Relationship and Avoiding Abandonment

Question: I have a patient who is very difficult to deal with. He is rude to my employees, does not always follow my treatment recommendations, complains about my fees,...

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January 26, 2023

How Does an 'Assignment of Benefits' Work?

Question: I read an article the other day describing the use of an assignment of benefits form. The article said that having patients sign this form is beneficial. It...

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January 6, 2023

Employee vs. Independent Contractor

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January 5, 2023

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

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November 23, 2022

Ex-Employees Who Solicit Patients Using Stolen Information

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October 24, 2022

Dealing with Patients Who Have Been Using Marijuana

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October 10, 2022

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

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September 19, 2022

Understanding the Dental Plan Audit Process

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August 23, 2022

Can Dental Ratings be Defamatory?

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July 18, 2022

Leased Provider Networks Cause Payment Confusion

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June 20, 2022

Purchase Price Allocation When Selling Your Practice

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June 6, 2022

What is Illegal About Disclosing Fee Schedules?

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April 25, 2022

Understanding Your Professional Liability Policy

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April 25, 2022

Responding to Internet Criticism and HIPAA Considerations

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March 21, 2022

Winning Your Case and Still Being Sanctioned

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February 21, 2022

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

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January 24, 2022

Network Leasing Arrangements and Their Effect on Fees

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January 7, 2022

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December 7, 2021

Disclosure of Employee Vaccination Status is Not a HIPAA Violation

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November 22, 2021

State Responds to Auto No-Fault Payment Delays

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Medical Treatment Cannot Be Compelled by a Michigan Court or its "Right to Try" Law

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New Michigan Law Changes How CRNAs Practice

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September 8, 2021

How Can a Dental Practice Sponsor a Foreign National to Work as a Dentist?

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August 10, 2021

Can Patients Restrict Me from Filing Claims with Dental Plans?

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July 27, 2021

Michigan No-Fault Insurance Reform Act Limits Reimbursement Rates

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June 11, 2021

Can General Dentists Advertise Specialty Services?

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May 11, 2021

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April 19, 2021

Unreasonable Non-compete and Damages Provisions in Employment Contracts

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March 16, 2021

Further Discussion on COVID-19 Vaccination Employer Liability Issues

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March 9, 2021

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February 4, 2021

Q&A on Legal Issues and COVID-19 Vaccination

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January 12, 2021

BCBSM Lawsuit Settlement May Bode Well for ADA

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November 2, 2023

Kerr Russell Ranked a “Best Law Firm” for 2024

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August 17, 2023

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

Since it was first published in 1983, Best Lawyers has become universally regarded as the definitive guide to legal excellence and are compiled based on an exhaustive peer-review evaluation. More...

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November 3, 2022

Kerr Russell Ranked As U.S. News “Best Law Firm” 2023

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August 18, 2022

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

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August 12, 2022

Kerr Russell Attorneys Named 2022 Michigan Super Lawyers and Rising Stars

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November 15, 2021

16 Kerr Russell Attorneys Recognized As DBusiness 2022 Top Lawyers

Congratulations to the following attorneys who have been recognized as Top Lawyers by DBusiness magazine. Jason W. Bank – Bankruptcy and Creditor/Debtor Rights Law James R. Cambridge – Corporate Law Michael D. Carroll – Construction...

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November 4, 2021

Kerr Russell Ranked As U.S. News “Best Law Firm” 2022

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August 19, 2021

Kerr Russell Attorneys Named to 2022 Best Lawyers® List

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May 13, 2021

Kathleen Westfall Presented on Federal Information Blocking Rules

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January 4, 2021

Anna Valk and Kathleen Westfall Named Members

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