Miller et al. v. NextGen Healthcare, Inc.

A class action Settlement has been proposed in a case against NextGen Healthcare, Inc. (“NextGen” or “Defendant”), relating to a Data Breach that NextGen announced on April 28, 2023. If you qualify, there will be benefits available to you from the proposed Settlement. The easiest way to submit a claim under the Settlement is online on this Settlement Website. If you are unsure of whether you are eligible for benefits, read this Settlement Website or contact 833-630-5369.

In addition to other benefits, the proposed Settlement requires Defendant to establish a Settlement Fund of $19,375,000. The Settlement relief includes:

• Cash Payment for Out-of-Pocket Losses: The Settlement Fund will be used to reimburse verifiable unreimbursed costs or expenditures that a Settlement Class Member actually incurred and believes are fairly traceable to the Data Breach, subject to an aggregate claims cap of seven thousand five hundred United States Dollars ($7,500). A claim for these unreimbursed costs or expenditures must be supported by documentation submitted with the claim form. 
   

• Cash Payment for Lost Time: The Settlement Fund will be used to 1) reimburse for time spent remedying fraud, identity theft, or other misuse of a Settlement Class Member’s private information that the Settlement Class Member believes is fairly traceable to the Data Breach and/or 2) taking preventative measures to avoid such losses. Lost Time will be paid at the Reimbursement Rate, which will be $25 per hour. Lost Time related to a qualifying claim for Out-of-Pocket Losses may be supported by a certification for up to 10 hours. Lost Time not related to a qualifying claim for Out-of-Pocket Losses but incurred as a result of fraud, identity theft or other misuse, or incurred taking preventative measures to avoid fraud, identity theft or other misuse may be supported by a certification for up to 5 hours. Lost Time claims may be made in 15-minute increments.
   

• Alternative Cash Payments: As an alternative to making a claim for Out-of-Pocket Losses and Lost Time, Settlement Class Members (except California Settlement Subclass Members) may request an Alternative Cash Payment of $50, subject to the pro rata adjustments. California Settlement Subclass Members may request an Alternative Cash Payment of $150, subject to the pro rata adjustments, in lieu of submitting a claim for Out-of-Pocket Losses and Lost Time. 
   

• Identity Defense Services and Restoration Services: In addition to claiming Out-of-Pocket Losses and Lost Time, or Alternative Cash Payment, all Settlement Class Members are entitled to enroll in Identity Defense Services as a benefit of the Settlement. The Services will be available for a three-year period starting March 20, 2026, the date on which the Settlement became final.
  
  If you are the Parent of a Minor who is a Class Member, you may enroll your Minor in Identity Defense Services. There is no deadline to enroll for free Identity Defense Services, but service will end on the same date regardless of when you enroll. Restoration Services are also available to Settlement Class Members during the service period, and you may take advantage of those services regardless of whether you made a claim or enrolled in Identity Defense Services.