The Biden administration sent a taxpayer-funded email with a strong political message to millions of Medicare recipients. The email praised Vice President and Democratic presidential candidate Kamala Harris for her role in healthcare reforms. Distributed by the Department of Health and Human Services (HHS), the communication has raised concerns. Critics see it as using government resources to push a political campaign ahead of the 2024 presidential election.

HHS Email: “Message from President Biden”

According to The Daily Wire, the email, signed by President Joe Biden, was sent to individuals who subscribed to Medicare updates. Titled “A message from President Biden on Medicare Open Enrollment,” the email praised the Inflation Reduction Act. It specifically highlighted Vice President Harris’ role in passing the legislation. The sections of the law related to federal healthcare aim to lower healthcare costs, particularly the prices of prescription drugs. Biden wrote,

These historic reforms are a result of the Inflation Reduction 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, like the U.S. Department of Veterans Affairs does on behalf of our nation’s veterans and servicemembers.

The email also connected Harris’ role to broader Democratic healthcare goals. It stated, “Vice President Harris and I believe that health care should be a right, not a privilege.” Additionally, it urged recipients to take advantage of Medicare’s new lower-cost benefits. These benefits would be available during the upcoming Medicare Open Enrollment period, which starts in mid-October.

The letter also outlined key changes coming to Medicare in January 2025. One major reform is a cap on out-of-pocket prescription drug costs, limiting them to $2,000 annually, regardless of medication prices. This cap applies to all drugs covered under Medicare Part D, including expensive treatments for cancer and chronic illnesses. It also reassured beneficiaries facing high drug costs in 2024 that they wouldn’t have to pay extra once they reach the catastrophic coverage phase.

The email included a disclaimer stating it was funded by HHS and distributed by the Centers for Medicare & Medicaid Services. It clarified, “You’re receiving this message because you signed up for email updates from the Medicare Team.” This emphasizes that the email was sent through official government channels, not a campaign organization.

Legal Concerns

The email has sparked concerns over the legality of using government resources for political purposes, especially given that Harris is the Democratic nominee for the 2024 presidential election.

Federal Election Commission (FEC) rules, created under the Federal Election Campaign Act of 1971 (FECA), prohibit the use of taxpayer-funded resources, including government agencies, for political campaign activities. These rules prevent public funds from supporting partisan candidates, political parties, or any electoral efforts. These rules explicitly prevent public funds from supporting partisan candidates, political parties, or electoral campaigns. They also restrict federal employees and agencies from engaging in political activities in their official capacity, with limited exceptions.

The Hatch Act of 1939, An Act to Prevent Pernicious Political Activities, further reinforces these limits by barring Executive Branch employees from using their official authority to influence election outcomes. However, the president and vice president are exempt from some provisions of this law. Still, these restrictions bind federal agencies, limiting their involvement in partisan political activities when using taxpayer funds.

While HHS letter doesn’t explicitly say “Vote for Kamala Harris,” it obviously skirts close to that line. ​

The recipients certainly got the political feel of the email. Several recipients of the email flagged it for The Daily Wire. They questioned the appropriateness of using a government platform to promote Harris’ political achievements. One recipient objected, stating, “It is nothing but a campaign ad for the Biden Administration and Kamala Harris.” They noted that the email explicitly referenced Harris casting the tie-breaking vote.

Jim Geraghty of National Review called the development “straight-up electioneering that doesn’t belong in a taxpayer-funded official communication to seniors from HHS, one month or so before Election Day.”

The message is “nothing more than a Kamala Harris campaign flyer” sent to “every Medicare recipient,” observed journalist Gary Weiss.

The White House has not commented on whether the email crosses legal or ethical boundaries. The full extent of the email’s distribution is unclear. However, Medicare serves around 66 million Americans, potentially reaching a significant and politically influential audience.

It remains to be seen whether Congress or the FEC will investigate further.

Similar Controversies

This isn’t the first time the Biden-Harris administration has faced questions about the apparent crossing of ethical and legal boundaries.

In 2021, shortly after taking office, President Biden signed Executive Order 14019, titled “Promoting Access to Voting.” It directed federal agencies to use personnel and resources to assist in voter registration, citing purported obstacles many Americans, particularly people of color, face when exercising their right to vote.

The Heritage Foundation raised concerns, suggesting the order might overstep legal limits. “It is a dangerous thing for government officials to use resources derived from taxpayers […] to obtain an advantage over their political rivals,” wrote Hans von Spakovsky, senior legal fellow at the Heritage Foundation. He further argued that the Executive Branch lacks constitutional authority to engage in voter registration efforts, except in rare, specified cases. He claimed this order violates “multiple” federal laws and might lead to intimidation or coercion of the public when interacting with federal agencies.

Earlier this year, Senator Ted Cruz (R-Texas) raised similar concerns over taxpayer-funded signs promoting Biden’s infrastructure projects. He argued they were effectively “campaign yard signs courtesy of the American taxpayer” and referred the matter to the Office of Special Counsel, suggesting a potential Hatch Act violation.