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NICK MERKIN JD, MBA, CHC, CHPC

CHIEF EXECUTIVE OFFICER

Nick Merkin is the Chief Executive Officer of Compliagent, a national healthcare compliance consulting firm based in Los Angeles.  As part of his consulting practice, he frequently serves as a fractional or interim Chief Compliance Officer for organizations experiencing rapid growth, enforcement challenges, or in the process of merger and acquisition.  

Nick has a thorough knowledge of complex and rapidly changing state and federal laws and policies regarding organizational governance issues, board oversight and liability, compliance auditing, the Stark Law, the Anti-Kickback Statute, HIPAA privacy, data security, and the False Claims Act. 

Nick also has particular expertise in the areas of alternate payment methodologies and innovative provider structures for networks within the healthcare industry. 

Nick earned his J.D. from Columbia Law School, where he was named a Harlan Fiske Stone Scholar and served as Managing Editor of the Columbia Journal of Law and Social Problems.  Nick was also awarded an M.B.A. from Tel Aviv University's Recanati School of Business and a B.A. from the University of Pennsylvania. 

A member of the California Bar, Nick is certified in Healthcare Compliance (CHC) and Healthcare Privacy Compliance (CHPC) by the Compliance Certification Board (CCB).  Nick is also a certified California RCFE Administrator and a member of the Public Affairs Committee of the California Association of Hospital Facilities. 

A frequent author and sought-after lecturer, Nick’s recent publications and speaking engagements include the following:

Recent Publications and Citations

Author, Proposed Changes to 42 CFR Part 2 Will Affect Providers, Behavioral Healthcare (September 29, 2016).

Cited, Securing Medical Imaging Systems Requires Interdepartmental Cooperation, TechTarget (September 2016).

Cited, For Secure Medical Imaging Systems, End-User Awareness a Must, TechTarget (September 2016).

Author, What Healthcare Organizations Need to Know About Educating and Training Their Boards of Directors” which was included as chapter in Getting Governance Right: A Handbook for Today's CEO and the Board of Directors. Corporate Compliance Insights (2016).

Cited, Social Media a Bitter Pill for Some Docs.  Los Angeles Business Journal (September 28 - October 4, 2015).  

Cited, Hospital Investigating After ESPN Publishes Football Player’s Medical Record. Healthcare Risk Management (September 1, 2015). 

Cited, Experts: NIST Draft is a Start on Mobile Device Security, But Gaps Remain. Healthcare Dive (July 30, 2015). 

Cited, Legal, Ethical Rules Apply When Marketing Client Case Studies. Behavioral Healthcare (July 15, 2015).  

Author, Government Scrutiny With Physician Contracts. McKnight’s Long-Term Care News (July 10, 2015).

Cited, Beating Heat. Los Angeles Business Journal (June 29, 2015).

Author, The New Compliance Oversight Guidance Issued by the OIG and What it Means for Healthcare Organizations’ Boards of Directors. Bloomberg BNA’s Health Care Fraud Report (May 28, 2015).

Author, What Healthcare Organizations Need to Know About Educating and Training Their Boards of Directors. Corporate Compliance Insights (April 2015).

Cited, Successful ICD-10 Implementation Starts with a Process. Physician's Money Digest (April 27, 2015).

Cited, Staff Fatigue Can Be A Compliance Risk, Too... Healthcare Risk Management Magazine (March 2015).

Cited, Robust Healthcare Compliance Infrastructure Consulting: An Interview with Compliagent's CEO. CEO/CFO Magazine (November 2014).

Author (with Leslie Marks, Esq.), Wake-Up Call: Construction Defect Statutes of Repose Should be Interpreted Broadly, Despite the Seeming Restrictions of the Statutory Language, Los Angeles Lawyer (January 2007).

Author, Addressing Power Imbalances in Mediation, Presented at PJA Mediation Training Seminar (2005).

Author (with Bruce Bennett, Esq.), The Expanding Reach of Substantive Consolidation, Presented at Bankruptcy Law Section, Hawaii State Bar Association, Annual Chapter 11 Seminar (2003).

Author, Note, Getting Rid of Sinners May Be Expensive: A Suggested Approach to Torts Related to Religious Shunning Under the Free Exercise Clause, 34 Colum. J.L. & Soc. Probs. 369 (2001).  

Recent Speaking Engagements

Introduction to Session on Balancing Audit Results and Refunds. The Healthcare Compliance Association’s 2015 Healthcare Enforcement Compliance Institute (October 27, 2015).

Don’t Become a HIPAA Headline! What You Need To Know To Avoid a Breach, Mitigate Your Risk, and Manage Your Response. The International Association of Privacy Professionals KnowledgeNet (June 11, 2015). 

Readmission Prevention and the Law: What All Providers Should Know.  The National Readmissions Summit 2015 (April 16, 2015). 

Kickbacks, Referral Fees, and Gifts: Where has the Line Gone? Retirement Housing Foundation Luncheon at Sun City Gardens (April 14, 2015).

Physician Contracting Issues in Long Term Care. California Association of Hospital Facilities 64th Annual Convention & Expo (November 2014).

Innovations in Healthcare 2014 ABBY Award Finalist’s Presentation. Adaptive Business Leaders Organization's 15th Innovations in Healthcare Leadership & ABBY Awards Event (October 2014).

 


CERTIFICATIONS

Certified in Healthcare Compliance (CHC) and Healthcare Privacy Compliance (CHPC) by the Compliance Certification Board (CCB)

Certified Common Security Framework (CSF) Practitioner by HITRUST

Certified Administrator (Pending) - Residential Care Facilities for the Elderly (RCFE)

 

PROFESSIONAL ASSOCIATIONS

Health Care Compliance Association (HCCA), Member

California Bar Association, Member

 

EDUCATION

Tel Aviv University, Recanati Graduate School of Business Administration, MBA, 2013

Columbia University, Columbia Law School, J.D., 2001,

University of Pennsylvania, College of Arts and Sciences, B.A., 1996

 

COMMUNITY INVOLVEMENT

Jewish Free Loan Association of Los Angeles, Former Board Member

Newground: A Muslim Jewish Partnership for Change, Founding Board Member

Bnai David Judea Congregation, Adult Education Committee, Chairperson