Blanket policies at hospital for new mothers may violate Americans with Disabilities Act

This is a unique case. Plaintiff alleges she went to the hospital and they violated the Americans with Disabilities Act and Rehabilitation Act when they stereotyped her on the basis of her substance abuse disorder. The Court of Appeals has to determine whether this is a true disability discrimination case or a medical malpractice case which would have to be litigated in state court under a different set of legal standards. The Court clarifies the law in this area.

The case is Costin v. Glens Falls Hospital, issued on June 12. Plaintiff went to the hospital to have a baby. Plaintiff told the hospital that she was taking Subutex, as prescribed by her doctor, for substance abuse disorder, but that she was no longer abusing any illicit opioids. The nurse told plaintiff that the hospital drug tests all pregnant women who take medication like this and the hospital also had a policy of reporting all new mothers using Subutex to Child Protective Services for potential child abuse. The hospital also denied plaintiff an epidural, accelerated her labor, failed to discharge the baby right away, prevented skin-to-skin contact between mother and baby, and did not explain treatment alternatives.

How do we sort all of this out? Courts hold that many civil rights case are actually medical malpractice cases. The leading case on this issue is McGugan v. Aldana-Bernier, 752 F.3d 224 (2d Cir. 2014), which holds that medical treatment can violate the ADA when decisions are "pejorative," meaning decisions are made based on irrelevant criteria and/or irrational bias. 

Plaintiff's substance abuse disorder qualifies as a disability under the ADA and the Rehabilitation Act. Under McGugan, the blanket policies against new mothers, relating to reporting them to CPS and mandatory drug tests, may violate the ADA. The problem for the hospital is that these may be blanket policies that apply to all mothers in plaintiff's situation. That may give rise to an ADA violation.The other matters about which plaintiff complained, including the epidural denial, are really medical malpractice claims, the Court of Appeals (Jacobs, Lohier, and Livingston) holds. 

As a side note, the Court holds plaintiff has standing to bring this case. Plaintiff attested that she plans to return to the hospital in the future, and that is enough. The Court also notes in a footnote the "happy news" that plaintiff is pregnant again, which further proves she will return to the hospital in the future.