SB289 Alabama 2021 Session

Summary

Primary Sponsor

Greg AlbrittonSenator

Republican

Session

Regular Session 2021

Title

Tort claims, limitation of liability of government entities, further provided to include certain public mental health facilities, Sec. 11-93-1 am'd.

Summary

SB289 provides liability limits and immunity for regional mental health entities and their staff when performing state-certified services contracted by the Alabama Department of Mental Health.

What This Bill Does

It adds immunity for directors and employees of regional mental health entities when they deliver services contracted by the Alabama Department of Mental Health. The immunity gives them the same protection as state employees under existing law, and the entities are not liable for conduct covered by that immunity. Subcontractors or independent contractors are not covered by the immunity, and the protections apply only to claims that accrue after the act becomes law.

Who It Affects

• Directors and employees of regional mental health entities: receive immunity for duties performed under contracts with the Alabama Department of Mental Health, to the same extent as state employees.
• Regional mental health entities themselves (and their subcontractors/independent contractors): entities gain liability limitations for protected conduct, but subcontractors/independent contractors are not covered by the immunity.

Key Provisions

• Adds Section 22-51-15 to provide limitations of liability for regional mental health entities and the directors and employees thereof.
• Supersedes existing protections limiting damages described in Title 11 for entities organized under this chapter.
• Directors and employees engaged in state-contracted services are entitled to immunity to the same extent and under the same circumstances as state employees under Section 36-1-12.
• Entities shall not be liable for conduct protected by this immunity.
• Immunity does not apply to subcontractors or independent contractors of the entity.
• This section applies only to claims accruing after the act's effective date.
• Effective date: the first day of the third month following its passage and approval.

AI-generated summary using openai/gpt-5-nano on Feb 23, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Mental Health