Virtua's Drug-Testing Policy Discriminates Against Pregnant Women: Complaint

TRENTON, NJ —The New Jersey Attorney General's Office has filed a civil rights complaint against Virtua Health, claiming the company discriminated against pregnant women through its mandatory drug-testing policy.

The complaint filed in Superior Court alleges Virtua and its network of hospitals in Voorhees, Mount Holly and Camden violated the New Jersey Law Against Discrimination (LAD) by not obtaining informed consent before subjecting pregnant women to mandatory drug testing.

According to the complaint, Virtua has had a policy since 2018 of universal drug testing for all pregnant patients arriving at its hospitals for inpatient admission to its labor and delivery or high-risk obstetrics units.

According to prosecutors, Virtua has no comparable policy for non-pregnant patients admitted to the hospital and does not mandate universal drug testing for other inpatient admissions.

In addition to Virtua’s mandatory drug testing policy, an investigation by state prosecutors revealed multiple pregnant patients subjected to tests did not give informed consent despite hospital policy requiring it.

The suit was filed after the state received complaints from several pregnant women who gave birth at Virtua Vorhees Hospital. The women said they arrived at the hospital and were asked to provide urine samples. The women complied, assuming their samples would be used to test protein levels. The women were not told they were being drug tested, the complaint states.

According to prosecutors, the womens' drug tests came back positive because both ate foods containing poppy seeds, which can generate positive drug test results for morphine or codeine.

Because of their positive drug tests, state law required Virtua to report the women to the Division of Child Protection and Permanency for possible child abuse or neglect less than 24 hours after they had given birth.

“In parts of our country, the rights of pregnant individuals are being eroded. This action illustrates our commitment to ensuring that doesn’t happen in New Jersey,” Attorney General Matthew Platkin said in a statement. “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.”

State prosecutors are seeking an injunction to stop Virtua from requiring universal drug testing for pregnant patients, as well as civil penalties against the hospital system. The state is also seeking compensatory damages for victims based on humiliation, emotional distress, and mental pain and anguish.

While a spokesperson for Virtua said the company typically does not comment on ongoing legal matters, the company remains "steadfast in continuing to create safe, exceptional maternity experiences for thousands of South Jersey families each year."

"We hold the safety and well-being of each patient paramount, especially our newborns," Daniel Moise said in a statement to Patch. "We have a relentless commitment to evidence-based, equitable care for every family, additionally meeting the highest standards of regulatory compliance."