(1) A complaint made to the Oregon Health Authority or the Department of Consumer and Business Services with respect to any prospective or certified qualified health plan, and the record thereof, shall be confidential and may not be disclosed except as provided in ORS 741.510 and 741.520. No such complaint, or the record thereof, shall be used by the authority or the department in any action, suit or proceeding except in the investigation or prosecution of apparent violations of ORS 741.310 or other law. (2) Data gathered pursuant to an investigation of a complaint by the authority or the department shall be confidential, may not be disclosed except as provided in ORS 741.510 and 741.520 and may not be used in any action, suit or proceeding except in the investigation or prosecution of apparent violations of ORS 741.310 or other law. (3) Notwithstanding subsections (1) and (2) of this section, the authority and the department shall establish a method for making available to the public an annual statistical report containing the number, percentage, type and disposition of complaints received by the authority and the department against each health plan that is certified or that has been certified as a qualified health plan by the authority.
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