Donna J. Boley, etc., et al. v. Taunja Willis Miller, etc., et al., No. 20158 (W. Va. May 15, 1992) (Miller, J.): 187 W.Va. 242, 418 S.E.2d 352:
Rejecting a challenge to the use of state funds to pay for abortions for the poor, the Court held (1) under the Medicaid program, states are free to choose to include in their Medicaid plans those
medically necessary abortions for which federal funding is prohibited; (2) the Hyde Amendment's restriction on the use of federal funds to pay for abortions for the poor does not prohibit a state from expending its own funds; and (3) W. Va. Code § 9-4-2, which provides that the state program shall be in accordance with federal law, does not prohibit the use of state funds to pay for abortions that do not qualify for federal reimbursement.