; and (B) the primary language of the parent or legal guardian of such an applicant or recipient be used in collecting the data; (3) require that such data be uniformly analyzed and reported at least annually to the Commissioner of Social Security; (4) be responsible for storing the data reported under paragraph (3); (5) ensure transmission to the Centers for Medicare & Medicaid Services and other Federal health agencies; (6) provide such data to the Secretary on at least an annual basis; and (7) ensure that the provision of assistance 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) are 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 ( Public Law 104–191 ; 110 Stat. 2033) relating to the privacy of individually identifiable health information and other protections