Behavioural Health Law Ledger: ASTP/ONC Announces Pilot Programs to Test behavioural Health Data Exchange Standards
Published: 06 Apr 2026
Author: Rohan
The U.S. behavioural health market is witnessing notable regulatory and policy developments, as highlighted in the March 2026 issue of Greenberg Traurig’s behavioural Health Law Ledger. Key updates include the launch of federal pilot programs to test behavioural health data exchange standards and a legal opinion in Texas affecting the scope of practice for mental health providers. Together, these developments underscore the sector’s increasing focus on data interoperability, compliance, and evolving legal boundaries.
On February 2, 2026, the Office of the National Coordinator for Health Information Technology, under the Assistant Secretary for Technology Policy (ASTP/ONC), announced the selection of nine pilot programs to evaluate behavioural health data exchange standards. These initiatives will run through the end of 2026 and involve 45 organizations across nine U.S. jurisdictions, including Colorado, Connecticut, Delaware, Florida, Massachusetts, North Carolina, Oregon, Rhode Island, and Washington, D.C. The pilots aim to test how standardized data-sharing frameworks function in real-world clinical environments.
The programs are supported through the Behavioural Health Information Technology Initiative, with approximately $20 million in funding from the Substance Abuse and Mental Health Services Administration. Participating organizations will adopt frameworks such as the United States Core Data for Interoperability (USCDI+) Behavioural Health dataset and the Fast Healthcare Interoperability Resources (FHIR) behavioural Health Profiles Implementation Guide. These standards are designed to enable consistent, secure, and efficient exchange of behavioural health information among providers, ultimately improving care coordination and patient outcomes.
Federal agencies are closely monitoring the pilots to assess technical interoperability, consent management, and safeguards for sensitive patient data. Ensuring compliance with confidentiality regulations, including 42 C.F.R. Part 2, remains a central focus. The findings from these programs are expected to guide the development of a behavioural Health Information Resource, anticipated in 2027, which will support nationwide adoption of data exchange standards. In a parallel development, Texas Attorney General Ken Paxton issued an advisory opinion on February 27, 2026, clarifying that a 2023 state law restricting gender-transition-related medical care for minors also applies to licensed mental health providers. The opinion states that professionals may not “facilitate” such treatments, even indirectly, through counselling or related services. It further indicates that violations could result in loss of public funding, including Medicaid reimbursements, adding regulatory complexity for practitioners.
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