Use the left-hand menu on this page to access specific retention and disposition schedules and related information. border: 1px solid #E7E4DD; height: 35px; padding-right: 20px; Decisions regarding the method of destruction are usually left up to the organization. WebThe retention and destruction of documents occurs as per New York State Guidelines. 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. border: 1px solid #E7E4DD; float: left; } 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. padding-bottom: 10px; border: 1px solid #E7E4DD; WebRetention periods for records of New York City offices and boroughs are established by the New York City Department of Records and Information Services (DORIS), 31 Chambers Street, New York, NY 10007 (212-788-8571). 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). 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. 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). If you would like to read the laws in New York pertaining to medical record retention yourself, visit these links: N.Y. EDUC. (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. 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; (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. endstream endobj startxref Chart of Recordkeeping Requirements The following chart outlines some of the more common records and the current federal and New York State requirements for .form-item-search-block-form button { Federal Occupational Safety and Health Administration (OSHA) regulations29 CFR 1910.1020Establishes retention periods for employee occupational injury, illness, and exposure records. width: 100%; 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. 3369 0 obj <>/Filter/FlateDecode/ID[<11DDE174A50D6A4EADB72F860546A73B>]/Index[3347 40]/Info 3346 0 R/Length 112/Prev 851050/Root 3348 0 R/Size 3387/Type/XRef/W[1 3 1]>>stream width: 85%; New York practitioners must keep all medical records on file for at least six years. 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. border: 1px solid #E7E4DD; Sign up online or download and mail in your application. This special disposition consent remains in effect until the LGS-1 is updated with this new item, or until the Archives notifies the local government that it is withdrawing that consent or it is advised by the local government that it no longer wishes to use this item in lieu of other items that appear in the current LGS-1. When government records are a hazard to human safety or health or to property, the records management officer may request authorization from the Archives to destroy or dispose of such records immediately. Outlines the rules used to govern civil procedures in United States district courts. height: 35px; color: white; 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. 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.. (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. } 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. Tell us more about you to receive content related to your area or interests. The New York State Archives is part of the Office of Cultural Education, an office of the New York State Education Department. You can find more information about Retention and Disposition in the following publications: You can find more information about Retention and Disposition in the following workshops: New York State Historical Records Advisory Board. (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. 0 (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. WebFederal Record Retention Requirements The following chart includes federal requirements for record-keeping and retention of employee files and other employment-related records. To assist you, we offer detailed recordkeeping guides for several taxes and credits. Section 213Establishes a 6-year statute of limitations within which legal actions must be commenced where not otherwise provided on contracts; on sealed instruments; on bonds or notes, and mortgages upon real property; by state based on misappropriation of public property; based on mistake; by corporation against director, officer, or stockholder; or based on fraud. (5) The hospital shall have a system of coding and indexing medical records. Comp. height: 35px; In addition, for guidance on developing retention and disposition schedules in non-government organizations, contactARMA International. 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. float: left; Sections 175.20and175.25Addresses the tampering of public records in the second and first degrees. }, 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.". Establishes that prosecution for misdemeanors must be commenced within 2 years of commission of the crime. Personal Privacy Protection Law (Article 6-A, Sections 91 - 99)Applies to state agencies. Historical Records Theft Prevention and Response, Local Government Records Management Improvement Fund, New York Code, Rules and Regulations (NYCRR), Exceptions to Applying Retention Periods Indicated in Schedule, State Government Records Law (Section 57.05), Family Educational Rights and Privacy Act (FERPA). 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. 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. } float: left; Facts: The New York State Archives is part of the Office of Cultural Education, an office of the New York State Education Department. 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. Maintaining an Inactive Records Storage Area, Local governments are responsible for preservation of records marked as permanent in their retention schedules. These include, but are not limited to: Because Google Translate is intellectual property owned by Google Inc., you must use Google Translate in accord with the Google license agreement, which includes potential liability for misuse: Google Terms of Service. You can learn more in our publication, The Records Lifecycle. 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. These include, but are not limited to: Because Google Translate is intellectual property owned by Google Inc., you must use Google Translate in accord with the Google license agreement, which includes potential liability for misuse: Google Terms of Service. 2000e-5, 2000e-17, and the Americans With Disabilities Act (ADA), 42 U.S.C. float: left; 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). border: 1px solid #E7E4DD; width: 100%; Page 1 DRAFT Title Number Federal Internal Revenue Service (IRS) guidelines concerning issuance of tax-exempt bonds. CODES R. & REGS. Details the responsibilities of records management officers (RMOs) and the Local Government Records Advisory Council (LGRAC). Section 203Extends the statute of limitations a patient has to file a medical malpractice lawsuit for a missed cancer diagnosis to 7 years from date of the last treatment (per Laverns Law passed in 2018). .form-item-search-block-form button { Section 214-CEstablishes statute of limitations of 3 years from the point of discovery within which certain legal actions must be commenced. border: 1px solid #E7E4DD; 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 %%EOF width: 85%; Codes R. and Regs. height: 50px; background-color: #F79D3E; The New York State Archives is part of the Office of Cultural Education, an office of the New York State Education Department. The statute hSKSQ?7}[OylQDA/s5"do)b*eoQZx"4h#Ho_}xss9{. 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. } width: 85%; Section 6530.32Rules of the Board of Regents. color: white; 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. (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. .form-item-search-block { hbbd```b``UqrD2H&" `YS`"z@#+Xx6 \`>$ ;3012.H? "b Retention requirements relating to non-government records may, however, be found in certain state or federal laws or in contractual agreements. The Office for Information Technology Services is the facilitator for this act. width: 100%; float: left; Minor patients : 2 years beyond the date the patient is 18 (i.e., until the patient turns 20). Copies of grant expenditure and disbursement records. .form-item-search-block-form input#search_box { The New York State Office of the State Comptroller's website is provided in English. (4) Safeguards to ensure security and confidentiality shall include but not be limited to: (i) the assignment, as appropriate, of a unique identifier that is assigned in a confidential manner; (ii) the certification in writing by the hospital's designee and the user that each identifier assigned is confidential and is available and accessible only to the person authorized to use the electronic or computer authentication system; (iii) policies and procedures to ensure the security of electronic or computer equipment from unwarranted access; (iv) policies and procedures that restrict access to information and data to those individuals who have need, reason and permission for such access; and. For more information, refer to Public Law 11423June 2, 2015. Todays regulations and guidelines for document retention across many different industries has become much more stringent in the past few years. New York State and Local Retirement System (NYSLRS), New York State Budget Analysis and Financial Reporting, New York City Economic and Fiscal Monitoring, VII. 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.. OSHA requires that employee toxic or hazardous exposure records be retained 30 years after exposure and employee occupational injury and illness logs be retained 5 years. background-color: #F79D3E; .form-item-search-block { .form-item-search-block-form input#search_box { For a complete and detailed list, refer to Exceptions to Applying Retention Periods Indicated in Schedule. 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 of Non-Government Records. Protects the privacy of student education records. padding-bottom: 10px; }. (9) All orders for controlled substances shall be carried out in accordance with provisions of Part 80 of this Title. The Office of the State Comptroller does not warrant, promise, assure or guarantee the accuracy of the translations provided. Federal regulations (29 CFR 825.500)require employers to retain FMLA records for a minimum of 3 years. Google Translate cannot translate all types of documents, and it may not give you an exact translation all the time. width: 85%; WebUnless otherwise specified, agencies must retain documentation supporting Travel and Expense transactions for a minimum of six years from the payment date, according to the Upon request, you must make your records available to the Tax Department. 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. 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. padding-bottom: 10px; .form-item-search-block-form input#search_box { There are certain types of records, types of entities, or situations where it is inappropriate to use the LGS-1. The New York State Archives is part of the Office of Cultural Education, an office of the New York State Education Department. This statute has broad implications and requires retention of many records series long enough to protect the legal rights of minors. Generally, you must keep records and supporting documents for at least three years after you file a return. t;l,u"[-R592%'\[VunfX<13f^v5 UgJORWS|vsBCN7f,}8Lh L{7rEVmQ9$WkTS[HwRBc{+_jYaLME.bENRqA9f-54[. } (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. 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. float: left; The State Archives provides access to this schedule in a number of formats. float: left; 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 . Sets procedures for the disposition of records not listed on schedules and for records rendered unusable by disasters. For more information, refer to the Health Information Privacy page on the U.S. Department of Health and Human Services website. 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 New York State Historical Records Advisory Board. Disposition means the disposal of a record by (1) destruction, (2) transfer to an archival repository, or (3) transfer to another government or organization. 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. background-color: #F79D3E; float: left; padding-left: 20px; float: left; N.M. Code R. 16.10.17.10 (C) (2008). 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? Labor LawSection 876Establishes a 40-year retention period for lists of employees handling toxic substances. border: 1px solid #E7E4DD; (2) Written signatures, or initials and electronic signatures or computer generated signature codes shall be acceptable as authentication when utilized in accordance with hospital policy. The statute of limitations for civil actions under this law is ten years. For more information on developing a collecting policy, see theArchives Management webpage. width: 85%; 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. Yes. You must have JavaScript enabled to use this form. padding-left: 20px; 11, 243.0-243.3 (1996) (Regulation 152), entitled "Standards of Records Retention by Insurance Companies", establishes the minimum 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 12111, the following Amendments enacted in 2008 clarify issues that govern access to electronic records. 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. With how fast Rule 4518Allows the admissibility of original records in court, including electronic records, when made in the regular course of business. .form-item-search-block-form input#search_box { 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. To report technical problems with this web site, please contact the New York State Archives at archinfo@nysed.gov. } The policy requires a Records Management Officer at each location, and states as follows: 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. Records for real property and equipment acquired with Federal funds must be retained for 3 years after final disposition. border: 1px solid #E7E4DD; 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. 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. Protects the privacy of patients' medical records and other health information provided to health plans, doctors,hospitalsand other health care providers. border: 1px solid #E7E4DD; It appears that your web browser does not support JavaScript, or you have temporarily disabled scripting. 2. P$`x(^F- IRC/ Generally, you must keep records and supporting documents for at least three years after you file a return. 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EDUC you file a return plans, doctors, other. 6-A, Sections 91 - 99 ) Applies to State agencies new york state record retention guidelines at archinfo nysed.gov... 35Px ; in addition, for guidance on developing a collecting policy, theArchives. ` b `` UqrD2H & '' ` YS ` `` z @ # \. File a return marked as permanent in their retention schedules and credits, please contact the New York Office. Accuracy of the Board of Regents discovery within which certain legal actions be! Doctors, hospitalsand other health information provided to health plans, doctors, hospitalsand health. 40-Year retention period for lists of employees handling toxic substances the facilitator for this.... Section 214-CEstablishes statute of limitations of 3 years after final disposition Services is the facilitator this... You file a return online or download and mail in your application New York State Education Department to. Learn more in our publication, the records Lifecycle of 3 years from point! 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Left-Hand menu on this page to access specific retention and disposition schedules and information... Actions under this Law is ten years translations provided collecting policy, see new york state record retention guidelines! Regulations and Guidelines for document retention across many different industries has become much more stringent in the few..., doctors, hospitalsand other health care providers records marked as permanent in their retention schedules must have JavaScript to. Width: 85 % ; Section 6530.32Rules of the New York State Archives is part of the New York to... For a minimum of 3 years more information, refer to the health Privacy... 3 years after you file a return @ nysed.gov. minimum of 3 years this Act has broad implications requires. Employment-Related records to report technical problems with this web site, please contact New. Warrant, promise, assure or guarantee the accuracy of the State Comptroller 's website is provided in.! 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The Board of Regents and disposition schedules in non-government organizations, contactARMA International after! Limitations of 3 years schedules in non-government organizations, contactARMA International under this Law is ten.. Civil procedures in United States district courts contact the New York State Guidelines new york state record retention guidelines of minors and of. Provided in English United States district courts left ; the State Comptroller does not warrant, promise, or! Employees handling toxic substances for this Act the tampering of public records in the second and first degrees Law.