Federal regulations (29 CFR 1602.31)require the retention of records for 2 years from the date of the records or of the personnel action to which they relate, whichever is later. Provides standards for creating and maintaining micrographic and electronic records, Provides criteria for contracted records storage facilities, and. WebState Archives records retention and disposition schedules do not cover non-government records, including the records of non-profit organizations, commercial ventures, and height: 35px; The policy requires a Records Management Officer at each location, and states as follows: The hospital shall have a department that has administrative responsibility for medical records. Details the responsibilities of records management officers (RMOs) and the Local Government Records Advisory Council (LGRAC). Under the New York State Labor Law, you must maintain accurate payroll records for at least six years. TSB-M-09(12)C, (12)I, (11)M, (4)MCTMT, (8)R, (17)S. Industrial development agencies and authorities (IDAs): Medicalcannabis registered organizations. The MS Access and Excel versions do not contain the introduction, index, nor any section or sub-section notes; however, they provide all series and subseries information, including notes. (7) The hospital shall have procedures in place to modify or terminate use of any assigned identifier in cases of abuse or misuse or if practice privileges are suspended, restricted, terminated or curtailed or employment or affiliation ends. In developing retention schedules, the State Archives reviews federal and state laws and regulations, audit requirements, the need for legal evidence, administrative needs, and historical or research value and establishes minimum retention periods based on this information. WebThe act provides a framework for the use and retention of electronic records in three basic steps. endstream
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.form-item-search-block-form input#search_box { float: left; Local governments are responsible for preserving and making available records marked as permanent on the schedule and those they have determined to have historical value. Chart of Recordkeeping Requirements The following chart outlines some of the more common records and the current federal and New York State requirements for From there, click on the appropriate law (e.g., "CVP" for Civil Practice Law and Rules) and follow the links to the desired article and section of that law. height: 50px; (2) All records shall document, as appropriate, at least the following: (i) evidence of a physical examination, including a health history, performed no more than thirty days prior to admission or within 24 hours after admission and a statement of the conclusion or impressions drawn; (iii) results of all consultative evaluations of the patient and findings by clinical and other staff involved in the care of the patient; (iv) documentation of all complications, hospital acquired infections, and unfavorable reactions to drugs and anesthesia; (v) properly executed consent forms for procedures and treatments; (vi) all practitioners' diagnostic and therapeutic orders, nursing documentation and care plans, reports of treatment, medication records, radiology, and laboratory reports, vital signs and other information necessary to monitor the patient's condition; (vii) discharge summary with outcome of hospitalization, disposition of case and provisions for follow-up care; and. State agencies retention schedules indicate that historical records must be transferred to the State Archives following theProcedures for Transferring Recordsto the New York State Archives. padding-bottom: 10px; (6) Written notice from the author shall be required should the author/user wish to terminate participating in the electronic or computer authentication system. } border: 1px solid #E7E4DD; Section 217Establishes a 4-month statute of limitations for actions against the action or inaction of an administrative agency or officer and public sector labor unions for breach of the duty of fair representation. Among its provisions, the act imposes limits on the bulk collection by federal intelligence agencies of telecommunication metadata on U.S. citizens, including phone and business records and information collectedthrough the use ofpen register or trap and trace devices. background-color: #F79D3E; width: 85%; background-color: #F79D3E; 2. .form-item-search-block { Use the left-hand menu on this page to access specific retention and disposition schedules and related information. .form-item-search-block { The New York State Office of the State Comptroller's website is provided in English. background-color: #F79D3E; Outline appropriate fees for county clerks to charge for filing, recording, and assigning index numbers to select records, including fees collected for deposit in the New York State Local Government Records Management Improvement Fund and the Cultural Education Fund. padding-right: 20px; The New York State Archives is part of the Office of Cultural Education, an office of the New York State Education Department. (iii) Specify that such orders must be authenticated by the prescribing practitioner, or by another practitioner responsible for the care of the patient and authorized to write such orders and the time frame for such authentication. New York practitioners must keep all medical records on file for at least six years. Get the facts about the COVID-19 vaccine. Google Translate cannot translate all types of documents, and it may not give you an exact translation all the time. width: 85%; 14 NYCRR 599.11Establishes a 6-year retention period from the date of the last service for mental health clinical case files. Rule 4539Also called the best evidence rule. width: 15%; width: 15%; background-color: #F79D3E; Local governments, who have not adopted the LGS-1 as of January 1st, may still adopt the LGS-1, but must suspend disposition of records until they have done so. Section 215Establishes a 1-year statute of limitations within which legal actions must be commenced against sheriff, coroner, or constable; for escape of prisoner; for assault, battery, false imprisonment, malicious prosecution, libel, or slander; for violation of right of privacy; for penalty given to informer; and on arbitration award. Review the referenced section in full when considering appropriate retention requirements. float: left; Records should be retained as long as they are needed by your organization to support business needs and to satisfy any legal and fiscal requirements and long-term historical or research use. This law replaced the Patriot Act, which expired in 2015. Establishes that prosecution for other felonies must be commenced within 5 years of commission of the crime. Protects the privacy of student education records. P$`x(^F-
IRC/ Records that pertain to elections not conducted under New York State Election Law, including elections not conducted as part of a general election, and elections administered by municipalities or school districts, are covered under the Election section of the LGS-1. Section 213-AEstablishes a 4-year statute of limitations within which legal actions must be commenced for residential rent overcharge. width: 85%; However, the "Google Translate" option may help you to read it in other languages. Local officials desiring to dispose of any records created before 1910, even if the records have been scanned or microfilmed, must complete and submit a Request from Local Governments for Approval to Dispose of Records Created Before 1910 form. width: 100%; border: 1px solid #E7E4DD; WebN.Y. Protects the privacy of patients' medical records and other health information provided to health plans, doctors,hospitalsand other health care providers. padding-bottom: 10px; Agencies should refer to the General Retention and Disposition Schedule for New York State Government Records as published by the New York State Archives and Records for guidance on minimum retention periods for other fiscal records, purchasing/claims and payments, revenue and collections, accounting reports and bank transactions. }, A records retention and disposition schedule is a list of records series titles that indicates the minimum length of time to maintain each series and what should happen once the retention period has been met; also called a "retention schedule.". (5) The hospital shall have a system of coding and indexing medical records. Actions under New York States Human Rights Law (Executive Law Article 15)alleging unlawful employment practice must commence within 3 years, while actions under federal civil rights law (42 USC1981)must commence within 4 years (28 USC1658). Amendments enacted in 2008 clarify issues that govern access to electronic records. For more information contact your Records Advisory Officer (RAO) or recmgmt@nysed.govfor assistance. [501] System operational records of original entry created in non-automated system or used for data entry or verification, where significant information is data entered or posted to reports and other summary records, including but not limited to Disposition is the final action in the records lifecycle and occurs when a record satisfies its retention period as noted on a retention schedule. padding-right: 20px; height: 35px; %PDF-1.6
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To locate the commonly cited Laws of New York: The summaries below do not describe all situations covered by the referenced section of law. Section 217-AEstablishes a 1 year and 90 days statute of limitations for actions involving damages, injuries, or destruction to real or personal property or for personal injuries or wrongful death against governmental entities. CODES R. & REGS. The State of New York, its officers, employees, and/or agents are not liable to you, or to third parties, for damages or losses of any kind arising out of, or in connection with, the use or performance of such information. In addition, non-government entities can consult and adopt (as appropriate) State Archives retention requirements, because the legal basis for retaining records for a certain period of time is frequently the same for government and non-government records.. Special Disposition Requests Under 8 NYCRR 185.5(c), local governments may request authorization from the Archives to dispose of records not listed on the LGS-1. You must have JavaScript enabled to use this form. float: left; height: 50px; Sorry, you need to enable JavaScript to visit this website. Section 110 of Workers' Compensation Law requires that a record of all injuries and occupational illnesses be retained for a minimum of 18 years. Various methods of destruction for paper and electronic records may be found in the publication, Retention and Disposition of Records: How Long to Keep Records and How to Destroy Themand on the Electronic Recordswebpage. The New York State Archives is part of the Office of Cultural Education, an office of the New York State Education Department. If a person or organization wants to initiate a lawsuit, they must do so within a certain period of time which varies based upon the type of complaint. Records retention and disposition schedules for state government agencies are published on the State Education Department's website at: http://www.archives.nysed.gov/records/retention-schedules-state. Original medical records, information from or copies of records shall be released only to hospital staff involved in treating the patient and individuals as permitted by Federal and State laws. (1) The medical record shall contain information to justify admission and continued hospitalization, support the diagnosis, and describe the patient's progress and response to medications and services. padding-left: 20px; background-color: #F79D3E; height: 35px; LAW 6530; N.Y. COMP. height: 50px; padding-right: 20px; Outlines the rules used to govern civil procedures in United States district courts. Yes. Agencies should refer to the General Retention and Disposition Schedule for New York State Government Records as published by the New York State Archives and For more information on transferring records elsewhere legally, contact the State Archives at (518) 474-6926 or. Unrelated matters are often grouped together by length of statute of limitations. padding-left: 20px; Tell us more about you to receive content related to your area or interests. (6) The hospital shall ensure the confidentiality of patient records. Tell us more about you to receive content related to your area or interests. New York State Historical Records Advisory Board. WebState Medical Record Laws: Minimum Medical Record Retention Periods for Records Held by Medical Doctors and Hospitals * requirements. float: left; (a) General requirements. In addition, critical SFS attachment guidance can be found inChapter XIV, Section 9 Statewide Financial System Imaging and Attachment Guidanceof this Guide. Establishes that prosecution of petty offences, including traffic infractions, must be commenced within 1 year of commission of the crime. For a complete and detailed list, refer to Exceptions to Applying Retention Periods Indicated in Schedule. The State Archives authorizes the retention and disposition of local government records and provides this authority through the issuance of records retention and disposition schedules. Section211Establishes a 20-year statute of limitations within which legal actions must be commenced for bonds; money judgments; by state for real property; by grantee of state for real property; and for support, alimony, or maintenance. With how fast height: 50px; This statute has broad implications and requires retention of many records series long enough to protect the legal rights of minors. The State Archives is unable to provide technical support regarding the use and modification of the MS Excel worksheets or MS Access database. height: 35px; Use the left-hand menu on this page to access specific retention and Per 2 CFR 200.334, financial records, supporting documents, statistical records, and all other non-Federal entity records pertinent to a Federal award must be retained for a period of three years from the date of submission of the final expenditure report. height: 35px; WebState agencies retention schedules indicate that historical records must be transferred to the State Archives following the Procedures for Transferring Records to the New York State Archives. 3369 0 obj
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.form-item-search-block { width: 15%; These laws and regulations provide guidance on how to develop policies and procedures to ensure the effectiveness and continuity of your records management program. 0
Records being used for audits or legal actions must be kept until the audit is satisfied or the legal action ends, even if their minimum retention period has passed. For more information, refer to the Archives' page on requesting early destruction of records. .form-item-search-block-form input#search_box { Historical Records Theft Prevention and Response, Local Government Records Management Improvement Fund, Social Services/Welfare/Poor Relief (Other Than County), Local Government Retention Schedule LGS-1, Local Government Retention Schedule Database and Spreadsheet Instructions, LGS-1 Records Common in Fire Districts (updated 2022), Printable PDF of List of Revisions to the LGS-1 (2020 & 2022), Printable PDF (updated pages are marked "Rev. by Practical Law Labor & Employment Law stated as of 01 Jun 2022 New York A Chart of the record retention requirements associated with major New York state Review thecredit guidesto determine whether you are eligible to claim the credits before you file. Rule 4521Establishesthe means by whichpublic officials can indicate the lack or non-existence of a particular record. width: 15%; height: 50px; Many of these materials are available on State law does not specify a destruction method for most records; however, it is best practice to securely destroy confidential records. Page 1 DRAFT Title Number Federal Internal Revenue Service (IRS) guidelines concerning issuance of tax-exempt bonds. .form-item-search-block { Records for real property and equipment acquired with Federal funds must be retained for 3 years after final disposition. State laws frequently have similar requirements, which vary from state to state, and may require records to be kept significantly longer than the federal statutes. The are records of an employees hours worked, gross wages, deductions, and net wages. Section 214Establishes a 3-year statute of limitations within which legal actions must be commenced for non-payment of money collected on execution; for penalty created by statute; to recover chattel; for injury to property; for personal injury; for malpractice other than medical, dental, or podiatric malpractice; and to annul a marriage on the ground of fraud. The Office of the State Comptroller does not warrant, promise, assure or guarantee the accuracy of the translations provided. width: 100%; The Archives has, Under limited circumstances, local governments and state agencies may transfer custody of their records to another organization or government through donation, loan, or deposit. float: left; Federal Occupational Safety and Health Administration (OSHA) regulations29 CFR 1910.1020Establishes retention periods for employee occupational injury, illness, and exposure records. Because such tampering constitutes either a class A misdemeanor or a class D felony, persons can be prosecuted and, if convicted, sentenced accordingly for these offenses. border: 1px solid #E7E4DD; }. Contractors certified payrolls must be retained for 5 years pursuant to Section 220 (3-a) of Labor Law. Section 214-AEstablishes a 2 year and 6 months statute of limitations within which legal actions must be commenced for medical, dental, or podiatric malpractice. State Government Records Law and Regulations. 405.10 Medical records. height: 35px; t;l,u"[-R592%'\[VunfX<13f^v5 UgJORWS|vsBCN7f,}8Lh L{7rEVmQ9$WkTS[HwRBc{+_jYaLME.bENRqA9f-54[. Site Index | Career Opportunities| Contact Us | Privacy and Links Policies | Regulations | Accessibility | FOIL | Webcasts. Retention and Disposition Schedule for New York Local Government Records (LGS-1) consolidates, supersedes and replaces Schedules CO-2, MU-1, MI-1, and ED-1, previously issued by the State Archives. The statute of limitations for civil actions under this law is ten years. width: 100%; When claimingany of these credits, you must keep the required documentation for your records. It appears that your web browser does not support JavaScript, or you have temporarily disabled scripting. Section 214-CEstablishes statute of limitations of 3 years from the point of discovery within which certain legal actions must be commenced. Organizations may use the State Archives sample records destruction authorization form; state agencies may save a copy of the records disposition notice received from the State Records Center. The State of New York, its officers, employees, and/or agents are not liable to you, or to third parties, for damages or losses of any kind arising out of, or in connection with, the use or performance of such information. WebThe Records Management Officer role is established by SUNY Policy 6609, Records Retention and Disposition, pursuant to NYS Arts and Cultural Affairs Law Section 57.05 and Commissioners Regulations 8 NYCRR Part 188 . 2022" on the lower left of the page; items marked with, Print copy (available on request). WebRecord Retention Guidelines by State. .form-item-search-block-form input#search_box { 11 NYCRR 243.3 prescribes the standards for the maintenance and reproduction of policy records. The Retention and Disposition Schedule: Election Records for Use by New York County Boards of Elections, originally issued in 1996 and revised in 2013, covers the disposition of records of Boards of Elections created under the Election Law (including general elections held in November and administered by county boards of elections). float: left; (e.g., accounts payable, accounts receivable, procurement, contract, revenue, and travel expense records)These records have a 6-year retention requirement which satisfies Office of the State Comptrollers audit requirements, as well as statutes of limitations relating to contracts and fraud. Other regulations pertaining to state and local government records are available via the Department of State's. If an employee is involuntarily terminated, his/her personnel records must be retained for one year from the date of termination. (b) Content. WebThe Organization expects all officers, directors, volunteers, and employees to comply fully with any published record retention or destruction policies and schedules, provided that all officers, directors, and employees should note the following general exception to any stated destruction schedule: If you believe, or the Organization informs you, that any records are (3) The hospital shall ensure that all medical records are completed within 30 days following discharge. float: left; Permits the use of copies in court when those copies were prepared in the regular course of business by a process which accurately reproduces the original records and when those copies are satisfactorily identified. Decisions regarding the method of destruction are usually left up to the organization. To report technical problems with this web site, please contact the New York State Archives at archinfo@nysed.gov, Historical Records Theft Prevention and Response, Local Government Records Management Improvement Fund, Retention and Disposition Schedule for New York Local Government Records, Exceptions to Applying Retention Periods Indicated in Schedule, Retention and Disposition Schedule: Election Records for Use by New York County Boards of Elections, Appraisal of Local Government Records for Historical Value, Request from Local Governments for Approval to Dispose of Records Created Before 1910, Cities (except New York City offices, boroughs, and public administrators), Teacher resource and computer training centers, County vocational education and extension boards. Chapter 13 of the State Finance Law, known as the False Claims Act, allows local governments and state agencies to bring a civil action to recover financial losses from a fraudulent claim. } Suggested Retention Duration for Select Personnel Records Other Documents (e) General Retention and Disposition Schedule for New York State Please note that the PDF and print formats are complete copies of the LGS-1 document on file with the NYS Department of State. border: 1px solid #E7E4DD; (3) Each electronic or computer entry, order or authentication shall be recorded in the medical record as to date, time, category of practitioner, mode of transmission and point of origin. Title VII and ADA Under Title VII of the Civil Rights Act of 1964, 42 U.S.C. hSKSQ?7}[OylQDA/s5"do)b*eoQZx"4h#Ho_}xss9{. .form-item-search-block { Through theappraisal process, the Archives has identified some records as having long-term historical or research value. WebTo give you a rough idea of which types of documents should be kept when, here are some New York document retention policy suggestion lists based on federal laws, New York (c) Authentication of medical records, record entries and medical orders. This use of copies is permitted whether the originals exist or not. The New York State Archives is part of the Office of Cultural Education, an office of the New York State Education Department. Sign up online or download and mail in your application. Case files for allowed and disallowed claims must be retained for an extended period pursuant to Section 123 of Workers' Compensation Law in the event of reopening of a previous claim. Copies of grant expenditure and disbursement records. padding-left: 20px; Comp. Section 6530.32Rules of the Board of Regents. (4) Medical records shall be retained in their original or legally reproduced form for a period of at least six years from the date of discharge or three years after the patient's age of majority (18 years), whichever is longer, or at least six years after death. You must also keep documents, such as canceled checks, receipts, cash register tapes, purchase orders, and other sales records to support your business records. Establishes a 6-year retention period from the date of discharge or 3 years after the patients age of majority (18 years), whichever is longer, or at least 6 years after death for hospital medical records. border: 1px solid #E7E4DD; 405.10; Preparing Medical Records for Custodianship in New York This system shall identify those categories of practitioners and personnel who are authorized to utilize electronic or computer authentication systems. .form-item-search-block-form input#search_box { } } Non-election records maintained by County Boards of Elections may be disposed following the LGS-1. padding-bottom: 10px; WebSchedule for New York Local Government Records (LGS1)-, which supersedes and replaces the CO-2, MU-1, MI-1, and ED-1 Schedules. 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