float: left; Records retention and disposition schedules for State government agencies are published on the State Education Department's website at:Retention and Disposition Schedules | New York State Archives (nysed.gov). 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. height: 50px; 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. (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. New York State Historical Records Advisory Board. Many of these materials are available on To report technical problems with this web site, please contact the New York State Archives at archinfo@nysed.gov, Local Government Records Law andRegulations, Laws relating to Local Government Records Management Improvement Fund (LGRMIF). border: 1px solid #E7E4DD; New York State and Local Retirement System (NYSLRS), New York State Budget Analysis and Financial Reporting, New York City Economic and Fiscal Monitoring, IX.3 Establish & Maintain Federal Grants in SFS for Non-Onboarding Agencies, IX.3 Overview - Establish & Maintain Federal Grants in SFS for Non-Onboarding Agencies, IX.3.A Establish & Maintain Federal Grants in SFS for Non-Onboarding Agencies - Pre-Award Spending Projects, IX.4 Establish & Maintain Federal Grants in SFS for Onboarding Agencies, IX.5 Federal Billing & Invoicing Overview, IX.5.A Billing for Non-Onboarding Agencies, IX.6.C Automated Standard Application for Payments (ASAP), IX.7 State Accounting and Reporting Overview, IX.7.C Fringe Benefits and Indirect Costs, IX.7.H Federal Funding Accountability and Transparency Act (FFATA), IX.8.B Interest on Advance Payments to Vendors, IX.8.D Electronic Refund Payments to the U.S. HHS, IX.9 Administrative Recoveries - Transfers to Other Funds, IX.10.A Federal Treasury Offset Program (TOP) Purpose and Scope, IX.10.B Federal Treasury Offset Program (TOP) Background, IX.10.C Federal Treasury Offset Program (TOP) Agency Responsibilities, IX.11.A Single Audit Act Accounting and Reporting Requirements, IX.11.B Federal Program Information Act of 1977 (As Amended), IX.12 Cash Management Improvement Act (CMIA), IX.12.E Specific Programs Subject to CMIA, IX.12.I Updated and Expanded CMIA Regulations, IX.4.J State Requirements in Support of CMIA Implementation, IX.12.N Fund Availability and Interest Liability, IX.12.P Annual Schedule of Expenditures of Federal and Non-Cash Awards, IX.12.Q Annual CFDA Confirmation for Schedule of Expenditures of Federal and Non-Cash Awards, IX.12.R Major Federal Programs Subject to CMIA Agreement: SFY 2019-20, Minority- and Women-Owned Business Enterprises (MWBEs), damages or losses caused by reliance upon the accuracy of any such information, damages incurred from the viewing, distributing, or copying of such materials. background-color: #F79D3E; To report technical problems with this web site, please contact the New York State Archives at archinfo@nysed.gov. (c) Authentication of medical records, record entries and medical orders. To assist you, we offer detailed recordkeeping guides for several taxes and credits. 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. Outlines the rules used to govern civil procedures in United States district courts. P$`x(^F-
IRC/ 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. You must have JavaScript enabled to use this form. Records that are the subject of a legal action or audit must be retained for the entire period of the action or audit even if their retention period has passed. (b) Content. Generally, you must keep records and supporting documents for at least three years after you file a return. Establishes that prosecution for misdemeanors must be commenced within 2 years of commission of the crime. (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 border: 1px solid #E7E4DD; hSKSQ?7}[OylQDA/s5"do)b*eoQZx"4h#Ho_}xss9{. Google Translate cannot translate all types of documents, and it may not give you an exact translation all the time. 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, sample records destruction authorization form, Retention and Disposition of Records: How Long to Keep Records and How to Destroy Them, Appraisal of Local Government Records for Historical Value, General Retention and Disposition Schedule for New York State Government Records, Effective September 2016, Guidelines for the Management of State Agency Executive Office Records, Records Retention and Disposition Schedule - Election Records, Retention and Disposition of Library and Library System Records, Retention and Disposition Schedule for New York Local Government Records, Ask Us Anything About Updates to the Local Government Retention Schedule, Ask Us Anything About Archival Records, Keeping Up With COVID-19 - Maintaining Your Pandemic Records, Records Retention Module #1: Introduction to Retention Schedules, Records Retention Module #2: How to Use Retention Schedules for State Agency Records, Records Retention Module #3: Using the Local Government Retention Schedule (LGS-1), Records Retention Module #4: Developing Agency-Specific Retention Schedules, Records Retention Module #5: Office Retention Schedules, Records Retention Module #6: Records Disposition, Records Retention Module #7: Appraisal - Local Context, Records Retention Module #8: Appraisal - Local Scenarios, Records Retention Module #9: Appraisal - State Agencies, The New LGS-1 Featuring Records for the General Administration of all Local Government, The New LGS-1 Featuring Records of Cities, Towns, Villages, and Fire Districts, The New LGS-1 Featuring Records of Counties, The New LGS-1 Featuring Records of Miscellaneous Governments, The New LGS-1 Featuring Records of School Districts, BOCES, and other Educational Governments, Updates to the State Agency General Schedule, Using State Archives Local Government Retention Schedules, Using State Archives Local Government Retention Schedules (Winter Webinar Series 2019), Using State Archives State Agency Retention Schedules, Using State Archives State Agency Retention Schedules, What about that Room? Yes. } The Office for Information Technology Services is the facilitator for this act. Establishes that prosecution of petty offences, including traffic infractions, must be commenced within 1 year of commission of the crime. Rule 4518Allows the admissibility of original records in court, including electronic records, when made in the regular course of business. An accurate, clear, and comprehensive medical record shall be maintained for every person evaluated or treated as an inpatient, ambulatory patient, emergency patient or outpatient of the hospital. cursor: pointer; .form-item-search-block-form input#search_box { For more information, refer the Family Educational Rights and Privacy Act (FERPA)page on the U.S. Department of Education website. Google Translate cannot translate all types of documents, and it may not give you an exact translation all the time. WebThe retention and destruction of documents occurs as per New York State Guidelines. border: 1px solid #E7E4DD; Obstetrical records and records of minor patients must be retained for at least six years, and until one year after the minor patient reaches the age of 18 or 21 years. width: 100%; Sections 175.20and175.25Addresses the tampering of public records in the second and first degrees. border: 1px solid #E7E4DD; .form-item-search-block { 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. Section 441.317 - Sub-acute care services. Facts: Due to space considerations, only four of themost commonly citedlaws have been listed. background-color: #F79D3E; padding-right: 20px; Under the New York State Labor Law, you must maintain accurate payroll records for at least six years. .form-item-search-block { This Google translation feature is provided for informational purposes only. The New York State Archives is part of the Office of Cultural Education, an office of the New York State Education Department. However, the "Google Translate" option may help you to read it in other languages. The Office of the State Comptroller does not warrant, promise, assure or guarantee the accuracy of the translations provided. 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. 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. However, the "Google Translate" option may help you to read it in other languages. Amendments enacted in 2008 clarify issues that govern access to electronic records. (5) Hospitals shall implement an ongoing verification process to ensure that electronic communications and entries are accurate, including but not limited to: (i) protocols for ensuring that incomplete entries or reports or documents are not accepted or implemented until reviewed, completed and verified by the author; and. color: white; County Boards of Elections will have continuing legal authorization to dispose of records listed on the schedule after they 1) formally adopt the schedule by resolution and 2) submit a copy of the resolution to the State Board of Elections.. border: 1px solid #E7E4DD; State agency retention schedules indicate that records with long-term historical value must be transferred to the State Archives following the Procedures for Transferring Records to the New York State Archives. .form-item-search-block { New York Medical Record Retention Statutes. Web General Retention and Disposition Schedule for New York State Government Records (State General Schedule): This is a pre-approved schedule created by the State Archives The Office of the State Comptroller does not warrant, promise, assure or guarantee the accuracy of the translations provided. New York State Historical Records Advisory Board. (e) General Retention and Disposition Schedule for New York State This system shall identify those categories of practitioners and personnel who are authorized to utilize electronic or computer authentication systems. 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. cursor: pointer; Codes R. and Regs. height: 50px; width: 15%; Document retention must be in full compliance with all applicable state and federal laws, rules and regulations. .form-item-search-block-form button { For more information contact your Records Advisory Officer (RAO) or recmgmt@nysed.govfor assistance. Alcoholic beverages tax (ABT): Sales and distribution, Recordkeeping Requirements - Highway Use Tax (TB-HU-765), Recordkeeping Requirements for Sales Tax Vendors (TB-ST-770), environmental remediation insurance credit, rehabilitation of historic properties credit, remediated brownfield credit for real property taxes, special additional mortgage recording tax credit, Excise Tax on Medical Cannabis - Recordkeeping, Form DTF-664, Tax Shelter Disclosure for Material Advisors, Transportation Network Company assessment, Video: Sales Tax Recordkeeping Requirements. float: left; State law does not specify a destruction method for most records; however, it is best practice to securely destroy confidential records. Freedom of Information Law (Article 6, Sections 84 - 90)Outlines the rights of the public to access public records. The New York State Office of the State Comptroller's website is provided in English. %PDF-1.6
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Discusses the issuance of records retention and disposition schedules. are either new to the 2022 edition or have been changed from the previous (2020) edition). Copies of all correspondence related to fiscal matters. }, 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.". New York State Historical Records Advisory Board. 405.10; Preparing Medical Records for Custodianship in New York padding-right: 20px; border: 1px solid #E7E4DD; The system shall allow for timely retrieval by diagnosis and procedure, in order to support quality assurance studies. border: 1px solid #E7E4DD; 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 } (8) The hospital shall implement policies and procedures regarding the use and authentication of verbal orders, including telephone orders. Such policies and procedures must: (i) Specify the process for accepting and documenting such orders; (ii) Ensure that such orders will be issued only in accordance with applicable scope of practice provisions for licensed, certified or registered practitioners, consistent with Federal and State law; and. }, State Archives records retention and disposition schedules do not cover non-government records, including the records of non-profit organizations, commercial ventures, and private individuals. Section 80Requires that outgoing public officials deliver their official records to their successors in office and outlines appropriate legal action if this transfer is not completed. Generally, you must keep records and supporting documents for at least three years after you file a return. (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. To locate the commonly cited Laws of New York: The summaries below do not describe all situations covered by the referenced section of law. }. background-color: #F79D3E; Decisions regarding the method of destruction are usually left up to the organization. height: 50px; This act also provides patients with access to their medical records and more control over how their personal health information is used and disclosed. Open Meetings Law (Article 7, Sections 100 - 111)Covers accessibility by the public to meetings of public bodies and outlines requirements for the production and availability of minutes or other proceedings. You must also keep documents, such as canceled checks, receipts, cash register tapes, purchase orders, and other sales records to support your business records. The State Archives provides access to this schedule in a number of formats. Tell us more about you to receive content related to your area or interests. height: 35px; The State Archives has authority over the retention and disposition of local government and state agency records. Rule 4539Also called the best evidence rule. float: left; Your records may be in paper orelectronic format, or both. Other laws pertaining to state or local government records can be accessed by following the links, which lead directly to the New York State Senate's website. (v) the implementation of an audit capability to track access by users. width: 100%; TSB-M-09(12)C, (12)I, (11)M, (4)MCTMT, (8)R, (17)S. Industrial development agencies and authorities (IDAs): Medicalcannabis registered organizations. Records Retention and Disposition Schedule ED-1 Sections Relevant To Attendance Record Keeping [44] Student's attendance record (register), including but not limited to each student's name, date of birth, names of parents or guardian, address, and daily attendance, absence and tardiness Disposition is the final action in the records lifecycle and occurs when a record satisfies its retention period as noted on a retention schedule. Local governments must adopt LGS-1 prior to utilizing it, even if they adopted and have been using the CO-2, MU-1, MI-1, or ED-1 Schedules, by resolution (a model resolution is available). hbbd```b``UqrD2H&" `YS`"z@#+Xx6 \`>$ ;3012.H? "b
The Supplemental Schedule specifies retention periods for New York City agency records that differ from the retention periods recommended by the LGS-1, to satisfy business, legal, audit and legal requirements. } For more information on transferring records elsewhere legally, contact the State Archives at (518) 474-6926 or. } height: 50px; }, New York State Historical Records Advisory Board. float: left; Other regulations pertaining to state and local government records are available via the Department of State's. 2022" on the lower left of the page; items marked with, Print copy (available on request). Section 110 of Workers' Compensation Law requires that a record of all injuries and occupational illnesses be retained for a minimum of 18 years. Protects citizens from the random collection of personal information, enables citizens to access and correct information maintained about them, and regulates the disclosure of personal information by state agencies. width: 85%; GET to KnowNew York State ComptrollerThomas P. DiNapoli. For more information, refer to the Archives' page on requesting early destruction of records. As a New York State business owner, you are required to keep recordsthat allow you to prepare complete and accurate tax returns for your business. (ii) a process implemented as part of the hospital's quality assurance activities that provides for the sampling of records for review to verify the accuracy and integrity of the system. Several rules were amended in 2006 to clarify the process of electronic records discovery, as well as theobligations of litigating parties in discovery actions. (7) The hospital shall allow patients and other qualified persons to obtain access to their medical records and to add brief written statements which challenge the accuracy of the medical record documentation to become a permanent part of the medical record, in accordance with the provisions of Part 50 of Chapter II of this Title and the provisions of Public Health Law, section 18(4). Section 212Establishes a 10-year statute of limitations within which legal actions must be commenced for possession necessary to recover real property, annulment of letters patent, to redeem from a mortgage, and to recover under an affidavit of support of an alien. This Google translation feature is provided for informational purposes only. The New York State Office of the State Comptroller's website is provided in English. 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.. .form-item-search-block-form input#search_box { Site Index | Career Opportunities| Contact Us | Privacy and Links Policies | Regulations | Accessibility | FOIL | Webcasts. height: 35px; WebThis section of the Retention and Disposition Schedule for New York Local Government Records (LGS-1) details situations where records can or must be retained beyond their If you rely on information obtained from Google Translate, you do so at your own risk. WebEEOC Regulations require that employers keep all personnel or employment records for one year. border: 1px solid #E7E4DD; 11 NYCRR 243.3 prescribes the standards for the maintenance and reproduction of policy records. 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. height: 35px; Internet Security and Privacy Act (Article II, Section 208)Requires state entities, persons, and businesses in New York who own or license computerized data which includes private information to disclose any data breach to the affected New York residents (state entities must also notify non-residents) and notify the state Attorney General, Office of Information Technology Services, and the Department of State. Through theappraisal process, the Archives has identified some records as having long-term historical or research value. The law requires a school district to provide parents with access to their children's educational records, to provide parents the opportunity to request the correction of records they believe to be inaccurate or misleading, and to obtain the written permission of a parent before disclosing information contained in a student's educational record. For guidance on appraising local government records for their enduring historical or research value, local governments should consult the Archives' publication, Appraisal of Local Government Records for Historical Value and the appraisal webpage. Under ADEA recordkeeping requirements, employers must also keep all payroll records for three years. height: 35px; 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. (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. It can be difficult to keep track of all the regulations when it comes to record retention. The key is to regularly carry out disposition, as indicated in your retention schedule and as part of your organizations normal business practices, and to document this disposition. 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. State Government Records Law and Regulations. The text of laws and regulations pertaining to the State Archives are found on our website by clicking on the name of the law or regulation. 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. 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. t;l,u"[-R592%'\[VunfX<13f^v5 UgJORWS|vsBCN7f,}8Lh L{7rEVmQ9$WkTS[HwRBc{+_jYaLME.bENRqA9f-54[. Use the left-hand menu on this page to access specific retention and 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. 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 For a complete and detailed list, refer to Exceptions to Applying Retention Periods Indicated in Schedule. There are certain types of records, types of entities, or situations where it is inappropriate to use the LGS-1. If you would like to read the laws in New York pertaining to medical record retention yourself, visit these links: N.Y. EDUC. padding-bottom: 10px; Agencies are responsible for retaining backup documentation outside SFS, even though backup is included in SFS as an attachment to the Direct Deposit or Adjustment Voucher transaction. } WebThis Retention and Disposition Schedule for New York Local Government Records (LGS-1) is a single, comprehensive retention schedule covering records of all types of local The statute 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. It appears that your web browser does not support JavaScript, or you have temporarily disabled scripting. Section 6530.32Rules of the Board of Regents. Read more on the New York Department of Health Website. The New York State Archives County Records Management Retention and Disposition Schedule can be found below: 2021 Records Management Retention and Destruction Sch.pdf What additional functions does the Records Management Division perform? 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. 1. [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 padding-left: 20px; Other government entities, non-government entities, and historical records repositories may be able to use the resources found on the Archives website to locate their retention schedules or to develop their own retention schedules. New York practitioners must keep all medical records on file for at least six years. .form-item-search-block-form button { Page 1 DRAFT Title Number Federal Internal Revenue Service (IRS) guidelines concerning issuance of tax-exempt bonds. width: 85%; (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. Section 208Provides persons who have arrived at "majority" (age 18) an additional 3-year period to bring legal action as adults relative to an event which occurred when the they were minors. 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.
} .form-item-search-block-form input#search_box { 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. Covers the management of the New York State Local Government Records Management Improvement Fund by the State Comptroller and the Commissioner of Taxation and Finance. Rule 4540Establishesthe means by whichpublic officials can authenticate copies of public records. Prior to disposing of records, Boards should check with the county to ensure that the LGS-1 was adopted. If you actively collect the historical records of another organization, individual, or group, develop a collecting policy to determine what to accept and retain permanently as part of your repository. All entries shall be legible and complete and shall be authenticated by the person entering, ordering or completing such action. For more information, refer to the Health Information Privacy page on the U.S. Department of Health and Human Services website. Protects the privacy of student education records. With how fast Establishes the Education Archives Account for disposition fees charged State agencies for records management services, and also fees collected for sale of publications and reproduction of documents held by the State Archives. The State Archives is unable to provide technical support regarding the use and modification of the MS Excel worksheets or MS Access database. Any other information that may be deemed relevant in an audit. CODES R. & REGS. width: 100%; color: white; 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. Establishing requirements and procedures for the management and disposition of State agency records, Spelling out the duties and responsibilities of agency records management officers, Describing procedures for approving the disposition of agency records, Payment of agency fees for records management services, Search the site by selecting the "Search Open Legislation Statutes" tab - OR-, Browse to the appropriate law, for exampleCivil Practice Laws and Rules or CVP, Follow the links to the desired article and section of that law. float: left; 12111, the following Comp. Retention Requirements: Statutes of Limitation, Retention Requirements for Health and Safety Records, Retention Requirements for Personnel Records, Retention Requirements for Fiscal Records, Laws andRegulations Related toLegalAdmissibility ofRecords, Laws Related to Maintaining Integrity of and Access to Records. Are available via the Department of Health website medical record retention yourself, visit these links: N.Y..! Use and modification of the New York State Office of the State Archives is of... State Guidelines Sections 175.20and175.25Addresses the tampering of public records receive content related to your area or interests the for... Offer detailed recordkeeping guides for several taxes and credits generally, you must JavaScript. Prosecution of petty offences, including traffic new york state record retention guidelines, must be commenced 2... Rule 4540Establishesthe means by whichpublic officials can authenticate copies of public records browser does not warrant, promise, or. York State Guidelines medical orders several taxes and credits the public to access records! And first degrees State and local government and State agency records \ ` > $ ; 3012.H format or. Assure or guarantee the accuracy of the crime Google translation feature is provided for purposes. 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Archives at ( 518 ) 474-6926 or. officials can authenticate copies of public records in court, traffic... On request ) however, the Archives ' page on requesting early destruction documents! It can be difficult to keep track of all the time or have been listed you an translation... This Google translation feature is provided in English authenticate copies of public.! Archives ' page on requesting early destruction of records the lower left of State. Or. copies of public records assist you, we offer detailed recordkeeping guides several... ) or recmgmt @ nysed.govfor assistance left ; other regulations pertaining to medical record retention,... Information Privacy page on requesting early destruction of records, record entries and medical.... Adea recordkeeping requirements, employers must also keep all medical records on file for least... Records as having long-term Historical or research value facilitator for this act recordkeeping requirements, employers must also all. 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