The New Jersey Attorney General’s Office has filed a complaint against Virtual Health Inc. and the network of hospitals it runs in Voorhees, Mount Holly, and Camden alleging discrimination against patients based on pregnancy and sex, according to Attorney General Matthew J. Platkin and the Division on Civil Rights (DCR).
The complaint filed in Camden County Superior Court against Virtua Health, Inc., Virtua-West Jersey Health System, Inc., Virtua-Memorial Hospital Burlington County, Inc. and Virtua Our Lady of Lourdes Hospital, Inc. on Sept. 26 alleges that 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. As the complaint explains, Virtua has no comparable policy for non-pregnant patients being admitted to its hospitals for inpatient care, and Virtua does not subject any other category or class of patients to universal drug testing upon inpatient admission to its hospitals, according to a press release through the New Jersey Attorney General’s Office.
The complaint against Virtual Health Inc. arose out of verified complaints filed with DCR by several pregnant women who gave birth at Virtua Voorhees Hospital.
The complaint alleges that Virtua’s differential treatment of pregnant patients violates the New Jersey Law Against Discrimination (LAD) and that its mandatory drug testing policy causes significant harm to pregnant patients. As the complaint notes, accepted standards of medical care recommend against universal drug testing of pregnant patients, in part because of the high rate of false positive drug test results. And when Virtua’s mandatory testing results in a positive drug test for any pregnant patient, even when the positive test occurs only because the patient ate a poppy seed bagel, Virtua automatically reports them to the Division of Child Protection and Permanency (DCP&P) for possible child abuse or neglect.
As a result of Virtua’s universal drug testing policy, Virtua’s hospitals in Voorhees, Mount Holly, and Camden account for a disproportionately high share of statewide reports to DCP&P for possible child abuse, according to the complaint. There are 46 hospitals in New Jersey that reported making referrals to DCP&P concerning substance-affected newborns. According to DCP&P data, however, the three Virtua hospitals in Voorhees, Mount Holly, and Camden collectively accounted for nearly one quarter of all such referrals to DCP&P statewide in 2021, 2022, and 2023.
For example, the complaint alleges that in 2022, these three Virtua hospitals collectively accounted for 24.2% of the reports DCP&P received of substance-affected newborns from hospitals statewide, even though New Jersey Department of Health data shows that these three hospitals accounted for only 9.4% of all hospitalizations for deliveries statewide.
In addition to Virtua’s mandatory drug testing policy, the complaint alleges that Virtua’s staff regularly fail to obtain informed consent from pregnant patients prior to administering a drug test. While Virtua’s drug testing policy mandates that hospital staff obtain informed consent from all pregnant patients prior to mandatory drug testing, in practice Virtua’s staff regularly deviate from that policy. DCR’s investigation revealed that multiple pregnant patients were subjected to Virtua’s mandatory drug testing without providing informed consent.
As alleged, Virtua’s practice of failing to obtain informed consent violates the LAD because Virtua does not maintain similar practices for non-pregnant patients. The complaint also seeks relief against Virtua under the New Jersey Civil Rights Act, alleging that Virtua’s conduct violates pregnant patients’ fundamental right to privacy and state law regarding informed consent.
“In parts of our country, the rights of pregnant individuals are being eroded,” Platkin said. “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 state seeks, among other things, an injunction to stop Virtua from requiring universal drug testing for pregnant patients, as well as civil penalties against the hospital system. The state also seeks compensatory damages to all aggrieved parties, including named and unnamed victims, for humiliation, emotional distress, and mental pain and anguish caused by Virtua’s discriminatory conduct.
On Virtua Health’s website, it states that it “complies with the New Jersey LAD” and it “does not discriminate, exclude people, or treat them differently on the basis of …. pregnancy or breastfeeding, sex … .”
Daniel Moise, spokesperson for Virtua Health Inc., released a statement following the complaint.
“We hold the safety and well-being of each patient paramount, especially our newborns. 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.”
