TRENTON, N.J. (KYW Newsradio) — New Jersey’s attorney general has filed a complaint against Virtua Health, accusing the health system of performing drug tests on pregnant patients without their consent, a violation of their civil rights.
The complaint, filed Thursday in New Jersey Superior Court, says Virtua gets urine samples and does drug tests from expecting mothers without their consent when they arrive at labor and delivery.
Attorney General Matt Platkin says this is not only a violation of Virtua’s stated consent policy but also a violation of New Jersey’s civil rights and anti-discrimination laws. According to his complaint, the universal drug testing policy has been in place at Virtua’s three South Jersey hospitals since 2018 and no other class of patient gets the same tests. Positive tests are automatically reported to the Division of Child Protection and Permanency (DCP&P) for “possible child abuse and neglect.”
The complaint also states that among New Jersey’s 46 hospitals that reported to DCP&P, nearly a quarter of all referrals came from Virtua’s South Jersey locations.
According to Platkin’s office, accepted medical standards recommend against universal drug testing because of the high rate of false positives.
The attorney general says two mothers tested positive after eating poppy seed bagels, leading to months-long investigations of those women and their families. “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 Platkin.
In a statement to KYW Newsradio, a Virtua representative says the health system won’t comment on the pending litigation, adding, “We have a relentless commitment to evidence-based, equitable care for every family, additionally meeting the highest standards of regulatory compliance.”