Virtua Health Inc. is under fire for allegedly discriminating against pregnant patients through a mandatory drug-testing policy, according to a lawsuit filed by the New Jersey Attorney General and the Division on Civil Rights.

The suit claims that Virtua violated the state’s Law Against Discrimination (LAD) by enforcing a universal drug-testing requirement for pregnant patients without their informed consent.

Since 2018, Virtua’s hospitals in Voorhees, Mount Holly, and Camden have required all pregnant patients admitted for labor or high-risk obstetrics to undergo drug testing.

Notably, the policy does not apply to non-pregnant patients, highlighting a disparity that critics say unfairly targets expecting mothers.

The state argues this practice undermines patients’ privacy and autonomy, causing unnecessary harm.

Medical experts cited in the lawsuit caution against universal drug testing for pregnant patients due to high false-positive rates.

For example, consuming a simple poppy seed bagel can trigger a positive result for morphine.

When this happens, Virtua automatically reports the patient to the Division of Child Protection and Permanency (DCP&P), potentially triggering investigations for child abuse.

Further claims suggest that Virtua often fails to obtain proper informed consent before administering these drug tests, despite policies to the contrary.

The complaint cites instances where patients were tested without being informed, leading to stressful DCP&P investigations just hours after giving birth.

Data reveals that Virtua’s hospitals account for a disproportionately high number of referrals to DCP&P.

In 2022, the three Virtua facilities were responsible for 24.2% of all statewide reports on substance-affected newborns, despite representing only 9.4% of all delivery hospitalizations.

New Jersey officials, led by Attorney General Matthew Platkin, argue that this case is part of a broader effort to protect reproductive rights.

The state is seeking an injunction to halt Virtua’s policy, civil penalties, and compensation for affected patients.

As the lawsuit unfolds, it casts a spotlight on the intersection of healthcare practices, civil rights, and reproductive justice, raising questions about how far hospitals can go in policing pregnant patients.

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