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2 disclosure of the information by federal public health 3 officials in a manner which violates this section. 4 The department shall publish, annually, a demographic 5 summary of the information obtained pursuant to this 6 section, except that the department shall not 7 reproduce, release, or disclose any information 8 obtained pursuant to this section which reveals the 9 identity of any patient, health care provider, 10 hospital, clinic, or other health facility, and shall 11 ensure anonymity in the following ways: 12 a. The department may use information concerning 13 the report tracking number or concerning the identity 14 of a reporting health care provider, hospital, clinic, 15 or other health facility only for purposes of 16 information collection. The department shall not 17 reproduce, release, or disclose this information for 18 any purpose other than for use in annually publishing 19 the demographic summary under this section. 20 b. The department shall enter the information, 21 from any report of termination submitted, within 22 thirty days of receipt of the report, and shall 23 immediately destroy the report following entry of the 24 information. However, entry of the information from a 25 report shall not include any health care provider, 26 hospital, clinic, or other health facility 27 identification information including, but not limited 28 to, the confidential health care provider code, as 29 assigned by the department. 30 c. To protect confidentiality, the department 31 shall limit release of information to release in an 32 aggregate form which avoids identification of any 33 individual patient, health care provider, hospital, 34 clinic, or other health facility. For the purposes of 35 this paragraph, "aggregate form" means a compilation 36 of the information received by the department on 37 termination of pregnancies for each information item 38 listed, with the exceptions of the report tracking 39 number, the health care provider code, and any set of 40 information for which the amount is so small that the 41 confidentiality of any person to whom the information 42 relates may be compromised. The department shall 43 establish a methodology to provide a statistically 44 verifiable basis for any determination of the correct 45 amount at which information may be released so that 46 the confidentiality of any person is not compromised. 47 3. Except as specified in subsection 2, reports, 48 information, and records submitted and maintained 49 pursuant to this section are strictly confidential and 50 shall not be released or made public upon subpoena, Page 3 1 search warrant, discovery proceedings, or by any other
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