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BOLEY v. MILLER

No. 20158.

418 S.E.2d 352 (1992)

Donna J. BOLEY, et al., as Citizens, Taxpayers and Members of the West Virginia Senate; Rodney T. Berry, et al., as Citizens, Taxpayers and Members of the West Virginia House of Delegates, and West Virginians for Life, Inc., a West Virginia Corporation, Plaintiffs Below, Appellees, v. Taunja Willis MILLER, Secretary of the West Virginia Department of Health and Human Resources, Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided May 15, 1992.

Attorney(s) appearing for the Case

Victor A. Barone, Hurt & Barone, Charleston, James Bopp, Brames, McCormick, Bopp & Abel, Terra Haute, Ind., for appellees.

Jeffrey K. Matherly, Deputy Atty. Gen., Charleston, for appellant.

MILLER, Justice:

The Secretary of the West Virginia Department of Health and Human Resources (Department) appeals from an order of the Circuit Court of Kanawha County which held that W.Va.Code, 9-4-2 (1983), prohibits the use of state Medicaid funds to pay for abortions that do not qualify for federal reimbursement. We find that the circuit court erred, and that W.Va.Code, 9-4-2, does not prohibit these expenditures.

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