Terms Unconditional

EHR & Health Data Systems · EHR Vendor (Ambulatory/Practice) · Regulatory action + Private litigation + Data breach

NextGen Healthcare

Headline

Two separate problems. First, in July 2023 NextGen agreed to pay $31 million to settle False Claims Act allegations.

Not independently verified. Verification status: Unverified - heuristic first draft. Publish state: draft unverified.

Two separate problems. First, in July 2023 NextGen agreed to pay $31 million to settle False Claims Act allegations. DOJ alleged that it got 2014 Edition certification using a separate product built only to run the test scripts, hiding that the released software could not do required things such as record vital signs, translate data into required medical vocabularies, or produce complete clinical summaries. DOJ also alleged that NextGen gave customers referral credits 'often worth as much as $10,000' plus event tickets. Second, hackers were inside the NextGen Office system from March 29 to April 14, 2023 and took the personal data (name, date of birth, address, Social Security number) of about 1.05 million patients, after an earlier BlackCat ransomware intrusion in January 2023. NextGen said it saw no evidence that health records were accessed. The consolidated class action in N.D. Ga. settled for $19.375 million, and the settlement received final approval (reported February 2026). NextGen denied wrongdoing.

  • SeveritySeverity 4 of 5, not independently verified. Two separate problems. First, in July 2023 NextGen agreed to pay $31 million to settle False Claims Act allegations.
  • Evidence tierUnassigned
  • Claims confirmedNo sourced claims yet
  • Last verified2026-10-15

Primary source. www.justice.gov/archives/opa/pr/electronic-health-records-vendor-nextgen-healthcare-inc-pay-31-million-settle-false-claims — Unverified - heuristic first draft.

Last verified 24 days agoverified 24 days ago0180 days
Freshness. Last verified 24 days ago (2026-10-15); stale after 180 days.

Terms

Arbitration

No arbitration clause or class action waiver in NextGen's website Legal Notices (dated Sept 22, 2026), which choose Delaware law and Delaware (New Castle County) courts. Customer (practice) agreements are not public, so contract-level dispute terms remain unknown.

Data sharing

The privacy policy (effective Jan 1, 2026) says NextGen does not sell personal information 'for monetary consideration' but uses 'third-party cookies for website analytics and targeted advertising purposes' and processes personal information 'for the purposes of targeted advertising'. Cookie-banner opt-out is available. The policy expressly does not cover PHI handled through the NextGen Patient Portal; patients are directed to their provider.

Who holds your data. Data chain: NextGen Healthcare, then Thoma Bravo (private equity; acquired Nov 2023 for $1.8B) (parent), then EHR vendor layer. See cross-cutting finding 16: THE EHR LAYER — THE COMPANY HOLDING YOUR CHART IS ONE YOU NEVER SIGNED WITH.

Fees and billing

DOJ alleged referral credits to existing customers 'often worth as much as $10,000'. NextGen's certification cost-disclosure page lists fee types but no dollar amounts: NextGen Office is priced per provider; lab and immunization-registry interfaces carry a software license fee, an implementation fee and a recurring maintenance/support fee; data migration and third-party HL7 integrations may cost extra. Actual prices are contract-specific.

Contacts

Privacy contact. privacy@nextgen.com

Legal notice. NextGen Healthcare, Inc., Attn: Privacy and Security, 18111 Von Karman Ave., Suite 600, Irvine, CA 92612. This is the address printed in the vendor's privacy notice, which is not necessarily the registered agent for service of process. For formal legal notice, check the notice clause in the practice's signed customer agreement and the Secretary of State registered-agent record in the state of incorporation.

Mailing address. Not recorded.

Written channel present
Paper trail: written. Written channel present.

Evidence

No claims have been itemized for this row yet.

Sources

SourceClaimTierStatusQuote
Federal agency press release (DOJ) · 2023-07-14
www.justice.gov/archives/opa/pr/electronic-health-records-vendor-nextgen-healthcare-inc-pay-31-million-settle-false-claims
whole rowUnassignedconfirmed“concealed from the certifying entity that NextGen's EHR lacked critical functionality”
Quote basis: not recorded.
SEC filing (Form 10-K FY2023) · 2023-05
www.sec.gov/Archives/edgar/data/708818/000095017023023499/nxgn-20230331.htm
whole rowUnassignedconfirmed“certain personal information belonging to approximately 1 million patients”
Quote basis: not recorded.
Trade press · 2025-10-29
www.hipaajournal.com/nextgen-class-action-data-breach-lawsuit-proceeds/
whole rowUnassignedconfirmed“NextGen Healthcare denies all claims and contentions in the lawsuit”
Quote basis: not recorded.
Legal press · 2026-02-18
news.bloomberglaw.com/litigation/nextgen-healthcare-wins-nod-for-19-million-data-breach-pact
whole rowUnassignedconfirmed“received final approval from a federal court”
Quote basis: not recorded.
Company press release · 2023-11-10
www.thomabravo.com/press-releases/thoma-bravo-completes-acquisition-of-nextgen-healthcare
whole rowUnassignedconfirmed“has ceased trading and will be delisted from Nasdaq”
Quote basis: not recorded.
Company privacy policy · 2026-01-01
www.nextgen.com/privacy-policy
whole rowUnassignedconfirmed“we do use third-party cookies for website analytics and targeted advertising purposes”
Quote basis: not recorded.

Source vault

Link status: Candidate - not yet fetched

DocumentLast fetchPDF
Privacy policy
https://www.nextgen.com/privacy-policy
Not fetched yetNOT CONFIRMED
Terms of service
No URL recorded
Not fetched yetNOT CONFIRMED
Website
https://www.nextgen.com/
Not fetched yet—
Primary source
https://www.justice.gov/archives/opa/pr/electronic-health-records-vendor-nextgen-healthcare-inc-pay-31-million-settle-false-claims
Verification: Unverified - heuristic first draft
Not fetched yet—

Enforcement

ActionAmountLink
United States ex rel. Markowitz v. NextGen Healthcare ($31M EHR settlement)
U.S. Department of Justice (Civil Division), U.S. Attorney's Office, District of Vermont, 2023
DOJ Press Release No. 23-764 (July 14, 2023); No. 2:18-cv-195 (D. Vt.)
$31Mproposed

Links are proposed matches, not yet reviewed.

State statute

Headquarters on file: CA. Provisions of CCPA/CPRA on file:

ProvisionTypeSource
Right to Deletion
Cal. Civ. Code § 1798.105
hardsource
Right to Correction
Cal. Civ. Code § 1798.106
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Right to Know / Access
Cal. Civ. Code § 1798.110
hardsource
Right to Limit Use of Sensitive Personal Information
Cal. Civ. Code § 1798.121; Cal. Code Regs. tit. 11, § 7027
hardsource
Right to Data Portability
Cal. Civ. Code § 1798.130(a)(3)(B)(iii)
hardsource
Privacy Policy / Privacy Notice Requirements
Cal. Civ. Code § 1798.130(a)(5); Cal. Code Regs. tit. 11, § 7011
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Sensitive Personal Information — Categories
Cal. Civ. Code § 1798.140(ae)
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Service Provider and Contractor Contract Requirements
Cal. Civ. Code § 1798.140(ag); Cal. Code Regs. tit. 11, § 7051
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Applicability Threshold (2025 CPI-Adjusted)
Cal. Civ. Code § 1798.140(d)
thresholdsource
Privacy Risk Assessment — Mandatory for High-Risk Processing (Eff. Jan. 1, 2026)
Cal. Civ. Code § 1798.185(a)(15); Cal. Code Regs. tit. 11, §§ 7150-7157
hardsource
Right to Opt Out of Sale or Sharing
Cal. Civ. Code §§ 1798.120, 1798.135
hardsource
Sale vs. Sharing Distinction
Cal. Civ. Code §§ 1798.140(ad), 1798.140(ah)
hardsource
Enforcement — CPPA and AG; Civil Penalties (2025 CPI-Adjusted)
Cal. Civ. Code §§ 1798.155, 1798.199.90; Cal. Bus. & Prof. Code § 17206
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Notice at Collection
Cal. Code Regs. tit. 11, § 7012
hardsource
Cybersecurity Audit — Annual Independent Audit Requirement (Eff. Jan. 1, 2026)
Cal. Code Regs. tit. 11, §§ 7120-7124
hardsource
Automated Decision-Making Technology (ADMT) — Notice, Opt-Out, and Access Rights
Cal. Code Regs. tit. 11, §§ 7200-7222; Cal. Civ. Code § 1798.185(a)(16)
hardsource