The Biden administration used taxpayer funds to send emails with strong political messages to millions of Medicare beneficiaries. The email praised Vice President and Democratic presidential candidate Kamala Harris' role in health care reform. The communication, distributed by the Department of Health and Human Services (HHS), raised concerns. Critics see it as using government resources to advance a political campaign ahead of the 2024 presidential election.
HHS Email: “Message from President Biden”
The email, signed by President Joe Biden, was sent to individuals enrolled in Medicare updates, according to the Daily Wire. The email, titled “Message from President Biden on Medicare Open Enrollment,” praised the Inflation Control Act. In particular, he emphasized Vice President Harris' role in passing the bill. Provisions of the federal health care law are intended to lower health care costs, particularly the prices of prescription drugs. Mr. Biden wrote:
These historic reforms are the result of the Inflation Control Act that I signed into law and that Vice President Harris cast the tie-breaking vote to secure. This new law gives Medicare the power to negotiate lower prescription drug prices, much like the U.S. Department of Veterans Affairs does on behalf of our nation's veterans and service members.
The email also tied Harris' role to Democrats' broader health care goals. “Vice President Harris and I believe that health care should be a right, not a privilege.” He also encouraged beneficiaries to take advantage of Medicare's new lower-cost benefits. These benefits will be available during the next Medicare open enrollment period beginning in mid-October.
The letter also outlined key changes that will be implemented in Medicare in January 2025. One major reform is a cap on out-of-pocket costs for prescription drugs, which will be capped at $2,000 a year, regardless of drug price. This cap applies to all drugs covered by Medicare Part D, including expensive treatments for cancer and chronic conditions. It also reassured beneficiaries who will face high drug costs in 2024 that they will not have to pay extra if they reach the catastrophic coverage stage.
The email included a disclaimer that it was funded by HHS and distributed by the Centers for Medicare and Medicaid Services. “You are receiving this message because you have signed up for email updates from the Medicare team,” it revealed. This emphasizes that the email was sent through official government channels rather than a campaign organization.
legal concerns
The email raised concerns about the legality of using government resources for political purposes, especially given that Harris is a Democratic candidate for the 2024 presidential election.
Federal Election Commission (FEC) rules established under the Federal Election Campaign Act of 1971 (FECA) prohibit the use of taxpayer-funded funds, including government agencies, for political campaign activities. These rules prevent public funds from supporting partisan candidates, political parties, or campaigns. These rules specifically prohibit public funds from supporting partisan candidates, parties, or campaigns. Federal employees and government agencies are also restricted from engaging in political activities in their official capacity, with limited exceptions.
The Hatch Act of 1939 further strengthened these restrictions by prohibiting executive branch officials from using their official powers to influence election results. I'm doing it. However, the President and Vice President are exempt from some provisions of this law. Still, these limits constrain federal agencies and limit their involvement in partisan political activities when using taxpayer funds.
While the HHS letter doesn't explicitly say “vote for Kamala Harris,” it's clearly close to that line.
The recipient certainly sensed a political tone in this email. Several recipients of the email reported it to the Daily Wire. They questioned the appropriateness of using a government platform to promote Harris' political accomplishments. One recipient objected: “This is nothing but a campaign ad for the Biden administration and Kamala Harris.” They pointed out that the email explicitly mentions that Harris cast the tie-breaking vote.
National Review's Jim Geraghty called the development “a straightforward campaign campaign that does not belong in any official taxpayer-funded communication from HHS to seniors a month or so before Election Day.” .
Journalist Gary Weiss points out that the message is “nothing but a Kamala Harris campaign flyer” sent to “all Medicare beneficiaries.”
The White House has not commented on whether the emails crossed any legal or ethical boundaries. The full extent of the email's distribution is unknown. However, Medicare serves approximately 66 million Americans and has the potential to reach an important politically influential audience.
It remains to be seen whether Congress or the FEC will investigate further.
similar controversy
This is not the first time the Biden-Harris administration has faced questions about clearly crossing ethical and legal boundaries.
In 2021, shortly after taking office, President Biden signed Executive Order 14019 entitled “Advancing Access to Voting.” The bill would direct federal agencies to use personnel and resources to help people register to vote, citing obstacles many Americans, particularly people of color, face in exercising their right to vote.
The Heritage Foundation expressed concern that the order could exceed legal limits. “It is dangerous for government officials to use taxpayer funds to gain an advantage over their political opponents,” wrote Hans von Spakovsky, senior legal fellow at the Heritage Foundation. are. He further argued that the executive branch lacks constitutional authority to engage in voter registration efforts, except in rare and specific cases. He argued that the order violates “multiple” federal laws and could lead to intimidation and coercion against citizens in their interactions with federal agencies.
Earlier this year, Sen. Ted Cruz (R-Texas) expressed similar concerns about taxpayer-funded billboards promoting Biden's infrastructure plan. He referred the matter to the Office of the Special Counsel, alleging that these were effectively “campaign signs courtesy of American taxpayers,” and suggesting a possible violation of the Hatch Act.
