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A Mid-Hudson hospital is suing Attorney General Letitia James in hopes of halting a state investigation into its alleged discriminatory drug testing practices of pregnant patients.
Garnet Health Medical Center filed a petition last month asking an Orange County judge to throw out a subpoena from the attorney general that ordered it to hand over patient medical records and hospital policies related to drug testing of pregnant patients. The subpoena was issued in February as a part of a sex discrimination investigation of the Middletown hospital over its drug testing protocols, court documents say.
Garnet’s petition urges the court to quash the subpoena entirely, calling the attorney general’s investigation part of a “fishing expedition.” The hospital said that the investigation appears to be motivated by the political interests of women’s rights groups that filed discrimination complaints on behalf of two former patients who were drug tested without their consent when they gave birth at Garnet before the hospital adjusted its universal drug screening policy in 2021.
The attorney general’s office declined to provide a comment on the lawsuit and its investigation. Representatives from Garnet Health did not respond to inquiries from Crain’s on Friday.
Garnet’s petition brings the attorney general’s investigation — typically a private matter — into the public eye. The crackdown is one example of the state’s attempts to eliminate discriminatory drug testing at hospitals, practices that have garnered public attention due to lawsuits detailing the separation of mothers and babies and the disproportionate impacts on people of color.
James launched an investigation into Garnet Health last October, following complaints from two former obstetric patients who alleged sex discrimination after they were tested for drugs without their consent. Both patients’ tests came back positive for opiates — not because they used substances, but because they ate poppy seeds before going to the hospital, court documents say. Those results led Garnet clinicians to call Child Protective Services, and the patients alleged that their results prevented them from being allowed to breastfeed their newborns.
The attorney general said that Garnet’s drug testing practices contradict not only its own policies, but also guidance from state health officials. The Health Department issued guidance in November 2021 stating that toxicology screenings should only be performed on pregnant women when medically indicated, noting that substance use alone is “not evidence of child abuse or neglect.”
Since the attorney general launched the investigation, Garnet has for months resisted orders to turn over information related to its drug testing practices. The hospital has made attempts to narrow and even close the investigation, calling it overly broad and improper.
The hospital said in its latest attempt to shut down the probe that the attorney general’s request would require it to turn over 9,000 patient records and violate patient privacy rules.
New York has attempted to end discriminatory drug testing practices through changes to state law. Lawmakers have repeatedly tried to push a bill requiring hospitals to obtain written and oral informed consent from pregnant patients before performing a drug test. Gov. Kathy Hochul included a similar proposal in her executive budget.
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Amanda D'Ambrosio , 2024-04-15 11:33:04
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