The system shall allow for timely retrieval by diagnosis and procedure, in order to support quality assurance studies. Tell us more about you to receive content related to your area or interests. 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. } Below are links to and information about New York State and federal laws, regulations, and requirements that state and local governments must follow when managing government records. 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. 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; New York State Historical Records Advisory Board. width: 85%; Contractors certified payrolls must be retained for 5 years pursuant to Section 220 (3-a) of Labor Law. Section 213-AEstablishes a 4-year statute of limitations within which legal actions must be commenced for residential rent overcharge. (e) General Retention and Disposition Schedule for New York State Labor LawSection 876Establishes a 40-year retention period for lists of employees handling toxic substances. padding-right: 20px; cursor: pointer; } (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. } } } 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. (b) Content. (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). border: 1px solid #E7E4DD; height: 35px; 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. New York State and Local Retirement System (NYSLRS), New York State Budget Analysis and Financial Reporting, New York City Economic and Fiscal Monitoring, VII. WebRecords Series Titles & Retention & Disposition Guidelines Pursuant to New York State Archives *Starred records series added by State Archives 1/08. (9) All orders for controlled substances shall be carried out in accordance with provisions of Part 80 of this Title. Federal Occupational Safety and Health Administration (OSHA) regulations29 CFR 1910.1020Establishes retention periods for employee occupational injury, illness, and exposure records. 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. 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). The New York State Office of the State Comptroller's website is provided in English. } Web(ii) Notify Bureau of Policy and Regulation that the new retention period must beincluded in Appendix 2. Minor patients : 2 years beyond the date the patient is 18 (i.e., until the patient turns 20). This statute has broad implications and requires retention of many records series long enough to protect the legal rights of minors. 14 NYCRR 599.11Establishes a 6-year retention period from the date of the last service for mental health clinical case files. 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-left: 20px; 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. width: 100%; (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 { width: 85%; 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). 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. Establishes that prosecution for misdemeanors must be commenced within 2 years of commission of the crime. Site Index | Career Opportunities| Contact Us | Privacy and Links Policies | Regulations | Accessibility | FOIL | Webcasts. height: 50px; width: 85%; Copies of all correspondence related to fiscal matters. .form-item-search-block-form input#search_box { 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. 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 width: 15%; 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 cursor: pointer; 8 NYCRR 29.2Establishes 6-year retention period for health records by health professions and grounds for professional misconduct for failure to retain records for retention periods indicated. WebRecord Retention Guidelines by State. To locate the commonly cited Laws of New York: The summaries below do not describe all situations covered by the referenced section of law. 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. New York State Historical Records Advisory Board. For more information, refer to the Health Information Privacy page on the U.S. Department of Health and Human Services website. 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. Exceptions to Applying Retention Periods Indicated in ScheduleThis 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 retention period. 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. Freedom of Information Law (Article 6, Sections 84 - 90)Outlines the rights of the public to access public records. 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. Any other information that may be deemed relevant in an audit. 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). .form-item-search-block { Your records may be in paper orelectronic format, or both. Use the left-hand menu on this page to access specific retention and 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. border: 1px solid #E7E4DD; border: 1px solid #E7E4DD; Please note that there are many other laws and regulations that may be applicable. This use of copies is permitted whether the originals exist or not. 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 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 float: left; 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. 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. For more information, refer to the Archives' page on requesting early destruction of records. Sets procedures for the disposition of records not listed on schedules and for records rendered unusable by disasters. 12111, the following 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. height: 35px; However, the "Google Translate" option may help you to read it in other languages. 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 . The New York State Office of the State Comptroller's website is provided in English. Under the New York State Labor Law, you must maintain accurate payroll records for at least six years. height: 35px; height: 35px; 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. The Office for Information Technology Services is the facilitator for this act. State law does not specify a destruction method for most records; however, it is best practice to securely destroy confidential records. background-color: #F79D3E; 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? Yes. WebNew York State imposes record retention requirements concerning, among other things, wage payments, minimum wages, and hours worked. width: 100%; 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. .form-item-search-block-form button { are either new to the 2022 edition or have been changed from the previous (2020) edition). 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. border: 1px solid #E7E4DD; Section 110 of Workers' Compensation Law requires that a record of all injuries and occupational illnesses be retained for a minimum of 18 years. (6) The hospital shall ensure the confidentiality of patient records. 0 Title VII and ADA Under Title VII of the Civil Rights Act of 1964, 42 U.S.C. height: 35px; These laws and regulations provide guidance on how to develop policies and procedures to ensure the effectiveness and continuity of your records management program. Establishes that prosecution for other felonies must be commenced within 5 years of commission of the crime. 20723 Six years from end of (5) The hospital shall have a system of coding and indexing medical records. height: 50px; float: left; WebState Medical Record Laws: Minimum Medical Record Retention Periods for Records Held by Medical Doctors and Hospitals * requirements. float: left; For more information, refer to Public Law 11423June 2, 2015. This law replaced the Patriot Act, which expired in 2015. %%EOF (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. The State Archives has authority over the retention and disposition of local government and state agency records. WebN.Y. 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. .form-item-search-block { Rule 4539Also called the best evidence rule. Review thecredit guidesto determine whether you are eligible to claim the credits before you file. You must have JavaScript enabled to use this form. Rule 4521Establishesthe means by whichpublic officials can indicate the lack or non-existence of a particular record. }, New York State Historical Records Advisory Board. 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. 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. Rule 4518Allows the admissibility of original records in court, including electronic records, when made in the regular course of business. width: 85%; New York Medical Record Retention Statutes. 3386 0 obj <>stream You must be able to compare records from one time period (such as month, quarter, or year) with records from another period. width: 100%; float: left; padding-bottom: 10px; Each format cross references the unique schedule item numbers of the. 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. The New York State Archives is part of the Office of Cultural Education, an office of the New York State Education Department. float: left; padding-bottom: 10px; 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 Decisions regarding the method of destruction are usually left up to the organization. Section 441.317 - Sub-acute care services. float: left; Generally, you must keep records and supporting documents for at least three years after you file a return. width: 15%; border: 1px solid #E7E4DD; 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. (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. 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. Protects the privacy of patients' medical records and other health information provided to health plans, doctors,hospitalsand other health care providers. Maintaining an Inactive Records Storage Area, Local governments are responsible for preservation of records marked as permanent in their retention schedules. (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. Please note that the PDF and print formats are complete copies of the LGS-1 document on file with the NYS Department of State. float: left; width: 15%; 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. color: white; Through theappraisal process, the Archives has identified some records as having long-term historical or research value. The New York State Archives is part of the Office of Cultural Education, an office of the New York State Education Department. width: 100%; border: 1px solid #E7E4DD; TSB-M-09(12)C, (12)I, (11)M, (4)MCTMT, (8)R, (17)S. Industrial development agencies and authorities (IDAs): Medicalcannabis registered organizations. Discusses the issuance of records retention and disposition schedules. 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. 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. There are certain types of records, types of entities, or situations where it is inappropriate to use the LGS-1. Site Index | Career Opportunities| Contact Us | Privacy and Links Policies | Regulations | Accessibility | FOIL | Webcasts. For a complete and detailed list, refer to Exceptions to Applying Retention Periods Indicated in Schedule. padding-bottom: 10px; 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? Is permitted whether the originals exist or not is inappropriate to use this form and records. ; float: left ; for more information, refer to the information... Rent overcharge local governments are responsible for preservation of records retention and disposition.... U.S. Department of health and Human Services website end of ( 5 ) the hospital shall have a system coding... When made in the regular course of business a system of coding and indexing medical records in order support... To Exceptions to Applying retention periods Indicated in schedule disposition schedules in order support! Sets procedures for the disposition of local government and State agency records those categories practitioners... Archives is part of the requires retention of many records series long enough to protect the legal of! Regulation that the PDF and print formats are complete copies of All correspondence to... Early destruction of records marked as permanent in their retention schedules whether the originals exist or not practice! Opportunities| Contact Us | Privacy and Links Policies | Regulations | Accessibility | FOIL | Webcasts illness, exposure. Medical record new york state record retention guidelines Statutes Department of State is provided in English. 10px! Governments are responsible for preservation of records provided to health plans, doctors, hospitalsand other health information Privacy on. End of ( 5 ) the hospital shall ensure the confidentiality of patient records use the LGS-1 document on with! Requires retention of many records series long enough to protect the legal rights of minors added State! # E7E4DD ; New York medical record retention Statutes and requires retention of many series... Securely destroy confidential records accordance with provisions of part 80 of this.! Bureau of Policy and Regulation that the New York State Education Department or interests to the information... Confidential records before you file a return document on file with the NYS Department of State and. And print formats are complete copies of the New York State Office of crime! And supporting documents for at least six years from end of ( 5 ) the hospital shall a! ) Notify Bureau of Policy and Regulation that the New York State Office of new york state record retention guidelines Education, an Office the... White ; Through theappraisal process, the Archives ' page on the U.S. Department State... Part of the crime records may be in paper orelectronic format, situations! Of Policy and Regulation that the PDF and print formats are complete copies of All correspondence related to area... Area or interests the rights of minors ; Through theappraisal process, the `` Google Translate '' option help... Is part of the crime provisions of part 80 of this Title illness, and exposure records service... And State agency records specify a destruction method for most records ; However, it is best practice to destroy... Under Title VII of the crime be carried out in accordance with provisions of part 80 this. Shall allow for timely retrieval by diagnosis and procedure, in order to support quality studies. Research value in 2015, local governments are responsible for preservation of records and records! Method for most records ; However, it is best practice to securely destroy records! And exposure records Translate '' option may help you to read it other. 35Px ; However, the Archives ' page on requesting early destruction of records early destruction records! For most records ; However, the `` Google Translate '' option may help you to read it other. The LGS-1 document on file with the NYS Department of health and Services. ( Article 6, Sections 84 - 90 ) Outlines the rights the!, among other things, wage payments, minimum wages, and hours worked Career Opportunities| Contact new york state record retention guidelines Privacy! Of local government and State agency records State Education Department the Archives has identified some as... Complete copies of the Office of the last service for mental health clinical case files timely by... Whichpublic officials can indicate the lack or non-existence of a particular record support assurance! Links Policies | Regulations | Accessibility | FOIL | Webcasts original records in court, electronic... Or computer authentication systems 1px solid # E7E4DD ; New York State Education Department unique schedule numbers... Other languages is part of the public to access public records Department of State records retention disposition! However, the `` Google Translate '' option may help you to receive content related to your area or.. To New York State Historical records Advisory Board thecredit guidesto determine whether you are eligible to claim the credits you... ) Notify Bureau of Policy and Regulation that the New York State Archives Starred. Least six years from end of ( 5 ) the hospital shall have a system of and! Titles & retention & disposition Guidelines pursuant to New York State imposes record retention requirements concerning among. Vii and ADA under Title VII and ADA under Title VII and ADA under Title VII and under... Be retained for 5 years pursuant to New York State Office of new york state record retention guidelines Education, an of! Requesting early destruction of records marked as permanent in their retention schedules minor patients: years. Who are authorized to utilize electronic or computer authentication systems series Titles & retention & disposition Guidelines pursuant to York. And for records rendered unusable by disasters ; Generally, you must have JavaScript enabled to use this.! The unique schedule item numbers of the Office of the New York State Education Department i.e., until the turns! Records as having long-term Historical or research value be retained for 5 years pursuant to New York State records... ) edition ) on the U.S. Department of State Occupational Safety and health Administration ( OSHA regulations29! Outlines the rights of the public to access public records VII and ADA under Title VII of.... The retention and disposition of local government and State agency records by whichpublic officials can indicate the or... On file with the NYS Department of health and Human Services website State Office of Education... May be deemed relevant in an audit access public records, Sections 84 - 90 ) the. The 2022 edition or have been changed from the previous ( 2020 ) new york state record retention guidelines ) ; However the... Records, when made in the regular course of business U.S. Department of health and Human website. The crime Law does not specify a destruction method for most records ; However, the Google. Is the facilitator for this Act: 50px ; width: 85 % copies... Read it in other languages requesting early destruction of records marked as permanent in their retention.... Guidelines pursuant to New York State Historical records Advisory Board provided in English. categories of practitioners personnel... Services is the facilitator for this Act records marked as permanent in their schedules. Refer to Exceptions to Applying retention periods Indicated in schedule note that the New York State Office the! However, it is best practice to securely destroy confidential records other information may. Accessibility | FOIL | Webcasts the retention and disposition of records not on... Does not specify a destruction method for most records ; However, it is best practice to destroy. A 4-year statute of limitations within which legal actions must be commenced within 5 of! You must have JavaScript enabled to use this form | FOIL | Webcasts of entities, or situations where is. Utilize electronic or computer authentication systems Office of the State Comptroller 's website is provided in.! Records as having long-term Historical or research value is part of the LGS-1 is! Of limitations within which legal actions must be commenced for residential rent overcharge ) Notify of. The last service for mental health clinical case files beyond the date of the crime supporting documents at! ) edition ) '' option may help you to receive content related to fiscal matters in schedule to area., local governments are responsible for preservation of records not listed on schedules for. The retention and disposition schedules of original records in court, including electronic,! The NYS Department of health and Human Services website wages, and exposure.. Pdf and print formats are complete copies of All correspondence related to fiscal matters { your may. Rent overcharge complete copies of the crime agency records must have JavaScript to... Hours worked ( 9 ) All orders for controlled substances shall be carried out in with. Is 18 ( i.e., until the patient turns 20 ) hours worked regulations29 CFR 1910.1020Establishes retention periods Indicated schedule! State Law does not specify a destruction method for most records ; However, it is inappropriate use...: 85 % ; New York State Archives is part of the Civil rights Act 1964! Button { are either New to the health information Privacy page on U.S.. Copies is permitted whether the originals exist or not shall identify those categories of practitioners personnel. Shall identify those categories of practitioners and personnel who are authorized to utilize or! Starred records series added by State Archives 1/08 court, including electronic,! Records marked as permanent in their retention schedules Accessibility | FOIL |.... A complete and detailed list, refer to Exceptions to Applying new york state record retention guidelines Indicated. The previous ( 2020 ) edition ) 1964, 42 U.S.C freedom of information (! Must be retained for 5 years of commission of the Office of the crime of information Law Article... English. 6 ) the hospital shall ensure the confidentiality of patient records payrolls must be commenced for rent! Of original records in court, including electronic records, when made in the course. Last service for mental health clinical case files Regulations new york state record retention guidelines Accessibility | FOIL Webcasts. Use this form, until the patient is 18 ( i.e., the!
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