Medicare Prescription Drug, Improvement, and Modernization Act of 2003--Use of Appropriated Funds for Flyer and Print and Television Advertisements
B-302504: Mar 10, 2004
The Department of Health and Human Services (HHS) has initiated a multimedia advertising campaign to highlight the recent changes to Medicare made by the Medicare Prescription Drug, Improvement, and Modernization Act. This campaign does not violate the prohibition on the use of appropriated funds for publicity or propaganda because HHS has explicit authority to inform Medicare beneficiaries about these changes to Medicare, and thus is entitled to substantial deference in its decision to initiate the campaign. While the Medicare campaign materials have significant omissions and weaknesses, they are not so purely partisan as to be unlawful, in light of our prior decisions and opinions.