HHS Appoints Melanie Fontes Rainer as New OCR Director

Department of Health and Human Services (HHS) Secretary Xavier Becerra has officially sworn in Melanie Fontes Rainer as director of the Office for Civil Rights (OCR). 

Since assuming the role last month, Rainer has been responsible for leading the department’s enforcement of federal civil rights and privacy laws, including HIPAA regulations, Privacy, Security, and Breach Notification Rules, the Patient Safety and Quality Improvement Act, and the Patient Safety Rule.

Prior to accepting the role of OCR director, she served as the acting director. Rainer succeeds Lisa J. Pino, who resigned in July 2021 after a short term of only 11 months.

“Melanie has devoted her entire professional career to public service and has worked tirelessly to ensure that health care is accessible, affordable, and available to all, no matter where you live or who you are,” said Secretary Becerra.

“As one of my longtime senior aides, I can say with certainty that Melanie will vigorously protect and enforce the healthcare and civil rights of Americans across the country. Melanie’s commitment and expertise are vital to implementing the health and human services priorities of the Biden-Harris Administration as we work to ensure families across the country know that we have their back.”

Rainer started working with HHS as a counselor to Secretary Becerra, where she focused on civil rights, patient privacy, reproductive health, the Affordable Care Act, competition in health care, consumer protection, and private insurance markets.

While in this role, Rainer spearheaded the implementation of many HHS laws, including the No Surprises Act. Additionally, the new OCR director led cross-cutting work on competition, transparency, and privacy.

Rainer has also sat on the White House Task Force on Reproductive Healthcare Access which has been involved in advising the secretary and administration on how to take action in the wake of the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization.

Rainer’s extensive work experience also includes a role as special assistant to the Attorney General and Chief Health Advisor at the California Department of Justice. During this time, Rainer created an office centered on healthcare access and patient rights in California. Rainer also worked on multiple groundbreaking settlements, including numerous patient privacy settlements and the Sutter Health settlement, to boost transparency, and lower costs.

Starting in 2015, the OCR director held a senior aide position in the United States Senate. Concurrently, Rainer worked as the women’s policy director at the Senate Health, Education, Labor, and Pensions Committee for Chair Patty Murray. Her work in these multiple roles helped pass several transformative health care laws, such as the 21st Century Cures Act, Every Student Succeeds Act, and the Justice for Victims of Trafficking Act.

Rainer is a fourth-generation Arizonan holding a BSBA and JD from the University of Arizona. She received her MSEd at Brooklyn College.

Being raised by a Latina single mother who encouraged the importance of helping others through public service, Rainer has worked to empower working mothers and families through healthcare.

During Rainer’s time as acting OCR director, the office settled a potential HIPAA violation over improper protected health information (PHI) disposal with New England Dermatology and Laser Center (DLC).

A breach report noted that empty specimen containers with labels that included PHI were thrown away in a garbage bin in the practice’s parking lot.

“Improper disposal of protected health information creates an unnecessary risk to patient privacy,” said Rainer. “HIPAA regulated entities should take every step to ensure that safeguards are in place when disposing of patient information to keep it from being accessible by the public.”