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SAMHSA and its agents are bound, not by HIPAA, but by two
other Federal laws:
- Section 501(n) of the Public Health Service Act (42
U.S.C. 290aa)
- Sections 512 and 513 of the E-Government Act of 2002
(P.L. 107-347)
These Federal laws prohibit SAMHSA from using identifiable
information for any purpose other than the purpose for which
it was collected, without the consent of the establishment
or individual providing the information.
SAMHSA collects DAWN data for public health surveillance,
to produce local and national statistics on drug-related
morbidity and mortality.
SAMHSA uses identifiable data only for these purposes. Data
are released only in de-identified form, and information
is published only in aggregate form.
Unlawful disclosures by employees of SAMHSA or its contractors
are subject to stiff penalties—up to 5 years in prison
and fines of up to $250,000.
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