New Jersey is challenging a private hospital system’s practice of testing all new parents for drugs, alleging that it’s done without consent and often leads to unnecessary reports to child services.
The state’s Attorney General, Matthew Platkin, along with the Division on Civil Rights, filed a lawsuit against Virtua Health, claiming the hospital system’s policy of universal testing on pregnant patients breaches anti-discrimination laws.
“Protecting reproductive rights means ensuring no one undergoes medical tests or procedures without their knowledge and consent,” Platkin said, underscoring the state’s commitment to safeguarding patient rights.
The lawsuit follows increasing scrutiny of hospital drug testing practices, particularly their potential for racial bias.
A 2020 investigation by the New York City Commission on Human Rights revealed Black mothers were more likely to be tested and reported to authorities, despite similar drug use rates across racial groups.
Virtua’s universal testing policy, in place since 2018, eliminates bias in who gets tested, though critics argue it’s still a violation of civil rights due to the lack of informed consent.
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