New Jersey state Attorney General Matt Platkin filed a lawsuit on Sept. 26 against Virtua Health and its network of hospitals in Voorhees, Mount Holly and Camden, alleging that the Marlton, N.J.-based health system's drug-testing policy for pregnant patients is discriminatory and violates patients' privacy.
Here are six things to know:
1. Since 2018, Virtua has allegedly had a policy requiring universal drug testing of pregnant patients who are admitted to its labor and delivery or high-risk obstetrics units, and it has regularly administered tests without obtaining informed consent.
2. Mr. Platkin also alleged that when pregnant patients receive a positive test result, Virtua automatically reported them to state officials for possible child abuse or neglect — "even when the positive test occurs only because the patient ate a poppy seed bagel." The filing further states that Virtua's drug-testing policy only applies to pregnant patients admitted for inpatient care in the labor and delivery and high-risk obstetrics units, and that the health system does not require universal drug testing for any other category or class of patients admitted to its hospitals.
3. The lawsuit alleges that Virtua's drug-testing policies discriminate based on pregnancy and sex in violation of state law and that its policy inflicts substantial harm to pregnant patients.
4. "We hold the safety and well-being of each patient paramount, especially our newborns," said Virtua spokesperson Daniel Moise in a statement shared with Becker's. "We have a relentless commitment to evidence-based, equitable care for every family, additionally meeting the highest standards of regulatory compliance.
"While it's our policy to respectfully withhold comment on ongoing legal matters, we are steadfast in continuing to create safe, exceptional maternity experiences for thousands of South Jersey families each year."
5. The complaint follows an investigation conducted by New Jersey's Division of Civil Rights in response to complaints filed by pregnant women who gave birth at Virtua Voorhees Hospital. It specifically describes the experience of two individuals, listed in the complaint as K.K. and B.C.
6. The plaintiffs said in a news release that they seek to stop Virtua from requiring universal drug testing for pregnant patients, as well as civil penalties against the organization.
Read the full complaint here.