; and (B) the primary language of the parent or legal guardian of such an applicant or recipient be used in collecting the data. (5) Additional requirements With respect to data collected under paragraph (1), the Commissioner of Social Security shall— (A) require that such data be uniformly analyzed and that such analysis be reported at least annually to the Commissioner; (B) be responsible for storing the data reported under subparagraph (A); (C) ensure transmission to the Centers for Medicare & Medicaid Services and other agencies within the Department of Health and Human Services, as determined appropriate by the Secretary; (D) provide such data to the Secretary on at least an annual basis; and (E) ensure that the provision of assistance or benefits to an applicant is not denied or otherwise adversely affected because of the failure of the applicant to provide race, ethnicity, primary language, and disability status data. (b) Protection of data The Commissioner of Social Security shall ensure (through the promulgation of regulations or otherwise) that all data collected pursuant to subsection (a) is protected— (1) under the same privacy protections as the Secretary applies to health data under the regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 (relating to the privacy of individually identifiable health information and other protections)