Mercer Times

Attorney General Matthew J. Platkin and the Division on Civil Rights (DCR) have filed a complaint in Superior Court against Virtua Health, Inc. (Virtua) and its network of hospitals in Voorhees, Mount Holly, and Camden, New Jersey. The complaint alleges that Virtua has discriminated against pregnant patients based on pregnancy and sex, violating the New Jersey Law Against Discrimination (LAD). It also claims that Virtua violated patients' privacy rights and state law by not obtaining informed consent before mandatory drug testing.

The complaint states that since 2018, Virtua has had a policy of universal drug testing for all pregnant patients admitted to its Labor and Delivery or High-Risk Obstetrics Units. This policy does not apply to non-pregnant patients admitted for inpatient care. The differential treatment allegedly violates the LAD and causes significant harm to pregnant patients due to high rates of false positive results from such tests.

"Accepted standards of medical care recommend against universal drug testing of pregnant patients," the complaint notes. It further alleges that when these tests result in positive outcomes—sometimes due to innocuous reasons like eating poppy seed bagels—Virtua reports these cases to the Division of Child Protection and Permanency (DCP&P) for possible child abuse or neglect.

Additionally, the complaint accuses Virtua's staff of regularly failing to obtain informed consent from pregnant patients before administering drug tests. Although hospital policy mandates obtaining informed consent, DCR's investigation found multiple instances where this was not followed.

"In parts of our country, the rights of pregnant individuals are being eroded. This action illustrates our commitment ensuring that doesn’t happen in New Jersey," said Attorney General Platkin. "Whether it means preserving the right to reproductive freedom or ensuring that a pregnant person doesn’t undergo tests or procedures without their knowledge and consent, we will defend our residents’ rights."

Sundeep Iyer, Director of the New Jersey Division on Civil Rights, added: "Here in New Jersey, our civil rights laws safeguard the right to obtain reproductive health care without facing discrimination... Virtua’s practices single out pregnant patients for mandatory drug testing without informed consent."

The case stems from verified complaints filed with DCR by several women who gave birth at Virtua Voorhees Hospital. The ACLU of New Jersey represented one complainant known as K.K., filing a verified complaint on her behalf.

The complaint details experiences of two individuals identified as K.K. and B.C., who were subjected to mandatory drug testing at Virtua Voorhees Hospital without their knowledge or consent. Both tested positive due to consuming foods with poppy seeds and were reported to DCP&P for possible child abuse less than 24 hours after giving birth.

As a result of these policies, Virtua hospitals reportedly account for a disproportionately high share of statewide reports to DCP&P for possible child abuse involving substance-affected newborns.

The State seeks an injunction against Virtua's universal drug testing policy for pregnant patients, civil penalties against the hospital system, and compensatory damages for affected parties.

This action is part of ongoing efforts by Attorney General Platkin and the Department of Law and Public Safety to protect reproductive rights in New Jersey following recent changes in federal abortion laws.