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Attorney General Matthew Platkin has filed a lawsuit against Virtua Health, according to a news release on Thursday, Sept. 26. The company with corporate headquarters in Marlton operates hospitals in Voorhees, Mount Holly, and Camden.
The lawsuit claimed Virtua has had a policy since 2018 of universal drug testing for all pregnant patients admitted to its hospitals' labor and delivery units. Virtua doesn't have a similar policy for those who aren't pregnant and no other class of patients is subjected to mandatory drug testing.
Virtua Health spokesperson Daniel Moise responded to the lawsuit in an emailed statement.
"We hold the safety and well-being of each patient paramount, especially our newborns," said Moise. "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."
The suit said that accepted medical care standards don't recommend universal drug testing for pregnant patients because of a high rate of false positive results. State law requires hospitals to report pregnant people who test positive for illegal drugs to the Division of Child Protection and Permanency (DCP&P).
Two women who gave birth at Virtua Voorhees Hospital filed complaints with the state's Division on Civil Rights (DCR). The women claimed they were asked to give urine samples when they arrived at the medical center and assumed the samples would be used to check their protein levels.
Neither woman was told they were being drug tested and their results came back positive because both had eaten foods with poppy seeds. Poppy seeds can give false positives for morphine or codeine in urine tests.
Virtua then reported the women to DCP&P for possible child abuse or neglect less than 24 hours after giving birth, launching months-long investigations.
"Such investigations can result in patients not receiving immediate clearance to take their newborns home with them from the hospital; unannounced home visits and interviews with the parent’s other minor children; and pregnant patients ultimately fearing that their newborn may be taken away from them," the state Office of the Attorney General said in its release.
Virtua was also accused of not regularly getting pregnant patients' consent for drug tests despite it being required by the company's policy.
"In parts of our country, the rights of pregnant individuals are being eroded," Platkin said in a statement. "This action illustrates our commitment ensuring that doesn’t happen in New Jersey. 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."
The suit also claimed Virtua's hospitals have a disproportionally high number of reports for potential child abuse related to parental drug use. DCP&P data said the three hospitals accounted for nearly one-quarter of referrals between 2021 and 2023.
In 2022, Virtua accounted for 24.2 percent of DCP&P reports despite the system's hospitals accounting for just 9.4 percent of statewide hospitalizations for deliveries.
"Here in New Jersey, our civil rights laws safeguard the right to obtain reproductive health care without facing discrimination," DCR director Sundeep Iyer said. "Make no mistake: We will do everything in our power to protect that right. Virtua’s practices single out pregnant patients for mandatory drug testing without informed consent. As a result, patients are unnecessarily traumatized and fear they will lose their children mere hours after giving birth.
"Virtua’s practices violate our civil rights laws, and we look forward to proving our case in court."
Platkin said he's seeking a court injunction to pause Virtua's mandatory drug-testing policy for pregnant patients, civil penalties against the healthcare system, and compensatory damages for victims.
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