Two major developments in behavioral health policy were announced or clarified in February 2026. On February 2, the Office of the Assistant Secretary for Technology Policy/Office of the National Coordinator for Health Information Technology (ASTP/ONC) selected nine pilot programs to test standards for exchanging behavioral health data across health care systems through the end of 2026. The 45 participating organizations across Colorado, Connecticut, Delaware, Florida, Massachusetts, North Carolina, Oregon, Rhode Island, and Washington, D.C. will test behavioral health data exchange standards in real-world settings, with approximately $20 million in funding from the Substance Abuse and Mental Health Services Administration (SAMHSA).
Data Interoperability Initiative
The pilot programs will use the United States Core Data for Interoperability (USCDI+) Behavioral Health dataset, created jointly by ASTP/ONC and SAMHSA, and the Fast Healthcare Interoperability Resources (FHIR) Behavioral Health Profiles Implementation Guide. These standards aim to support consistent collection, sharing, and use of behavioral health information among providers, with particular focus on technical interoperability, consent management, and safeguarding sensitive patient information while maintaining compliance with 42 C.F.R. Part 2 requirements. The results from the pilot programs will inform development of a Behavioral Health Information Resource, anticipated in 2027, to facilitate broader adoption of behavioral health data exchange standards.
Texas Mental Health Providers and Gender Care
On February 27, Texas Attorney General Ken Paxton issued a legal opinion declaring that a 2023 Texas law banning gender-transitioning medical care to minors applies to mental health care providers licensed by the Texas Behavioral Health Executive Council (TBHEC), including psychologists, social workers, marriage and family therapists, and licensed professional counselors. The law, known as S.B. 14, prohibits provision or facilitation of certain procedures and treatments aimed at transitioning a child’s biological sex or affirming a perception of sex inconsistent with biological sex. Paxton concluded that mental health providers may unlawfully “facilitate” a prohibited procedure through mental health services that “bring about” such a procedure, even where another provider performs the actual procedure. The opinion also noted that providers in violation would be forbidden from receiving public money, including Medicaid reimbursement for such mental health services.
This article is an AI-assisted summary. All facts and figures are drawn from the original report: https://natlawreview.com/article/behavioral-health-law-ledger-march-2026