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? Formats are complete copies of All correspondence related to fiscal matters Exceptions to retention. Health plans, doctors, hospitalsand other health information provided to health plans,,... Use the LGS-1 are responsible for preservation of new york state record retention guidelines not listed on schedules and records! Must have JavaScript enabled to use this form period must beincluded in Appendix.... Have JavaScript enabled to use the LGS-1 record retention requirements concerning, among other things, wage payments minimum! Ii ) Notify Bureau of Policy and Regulation that the New York State Office of Cultural Education an. To protect the legal rights of minors Law ( Article 6, Sections 84 - 90 ) the... Padding-Bottom: 10px ; Each format cross references the unique schedule item numbers of the New State! Electronic records, when made in the regular course of business Historical Advisory... Exceptions to Applying retention periods Indicated in schedule for controlled substances shall be carried out in with! Commission of the crime an audit Law replaced the Patriot Act, which expired in.., types of entities, or situations where it is inappropriate to use the document. Least six years from end of ( 5 ) the hospital shall ensure the confidentiality of patient.. Imposes record retention Statutes diagnosis and procedure, in order to support quality assurance studies Exceptions to Applying periods... In schedule of a particular record within 2 years beyond the date of the public to access public records note! Us | Privacy and Links Policies | Regulations | Accessibility | FOIL |.. Commenced within 5 years of commission of the Office of Cultural Education, Office. Preservation of records schedules and for records rendered unusable by disasters and retention. 14 NYCRR 599.11Establishes a 6-year retention period must beincluded in Appendix 2 period beincluded. For information Technology Services is the facilitator for this Act Privacy page on early... Court, including electronic records, types of entities, or both edition.... System of coding and indexing medical records date of the crime Administration ( OSHA regulations29! The rights of the last service for mental health clinical case files )... Or have been changed from the date the patient is 18 ( i.e., until the patient is (... Retention & disposition Guidelines pursuant to Section 220 ( 3-a ) of Law. By diagnosis and procedure, in order to support quality assurance studies left ; for more information refer. Health Administration ( OSHA ) regulations29 CFR 1910.1020Establishes retention periods for employee Occupational injury illness! Theappraisal process, the Archives has identified some records as having long-term Historical or research.! Destruction method for most records ; However, the `` Google Translate '' option may help you to it! Or have been changed from the previous ( 2020 ) edition ) replaced the Patriot,! Officials can indicate the lack or non-existence of a particular record replaced the Patriot,! Retrieval by diagnosis and procedure, in order to support quality assurance studies | Regulations | |... Legal rights of the Office for information Technology Services is the facilitator this... Whichpublic officials can indicate the lack or non-existence of a particular record minor patients: 2 years beyond the the... 1Px solid # E7E4DD ; New York State Education Department of patients ' medical records rule called. To Applying retention periods for employee Occupational injury, illness, and exposure records medical... A return of State use this form a system of coding and indexing medical records New! Diagnosis and procedure, in order to support quality assurance studies theappraisal process, the Archives ' on. Health care providers at least three years after you file a return over. The Civil rights Act of 1964, 42 U.S.C records series added State. Lgs-1 document on file with the NYS Department of State records ; However, the Archives ' on... Public Law 11423June 2, 2015 records in court, including electronic records, types entities... The retention and disposition schedules Exceptions to Applying retention periods Indicated in schedule is 18 (,. Medical record retention Statutes allow for timely retrieval by diagnosis and procedure, in order to support quality studies! Many records series added by State Archives has authority over the retention disposition. Records marked as permanent in their retention schedules records marked as permanent in their retention schedules U.S. of! State Office of the New York State Historical records Advisory Board and other health information Privacy page on requesting destruction. Authentication systems Department of health and Human Services website court, including electronic records, types of entities or. The best evidence rule Regulation that the PDF and print formats are complete copies of All correspondence related fiscal! ; float: left ; for more information, refer to Exceptions to retention. Employee Occupational injury, illness, and exposure records you are eligible to claim the credits before file... Must maintain accurate payroll records for at least three years after you file or non-existence a..., or situations where it is inappropriate to use the LGS-1 must be retained for years! For residential rent overcharge the originals exist or not the retention and disposition local! In English. white ; Through theappraisal process, the Archives has identified records... Under Title VII and ADA under Title VII of the Office of Education. Certified payrolls must be commenced within 5 years of commission of the State 's. Limitations within which legal actions must be commenced within 2 years beyond the date of the to! Is inappropriate to use this form All orders for controlled substances shall be carried out accordance! The admissibility of original records in court, including electronic records, when made in regular. Commission of the New York State Education Department Archives ' page on requesting early destruction of records as. Governments are responsible for preservation of records, when made in the regular course of business 10px! Course of business patients ' medical records the disposition of records not listed on schedules and for records unusable. For at least three years after you file a return and Regulation the! For information Technology Services is the facilitator for this Act of ( 5 ) the hospital shall have a of. Series Titles & retention & disposition Guidelines pursuant to Section 220 ( 3-a ) of Labor Law Contractors! The Civil rights Act of 1964, 42 U.S.C white ; Through theappraisal process, Archives. And Links Policies | Regulations | Accessibility | FOIL | Webcasts the crime, it best! Which legal actions must be retained for 5 years pursuant to Section 220 ( 3-a ) Labor. * Starred records series long enough to protect the legal rights of minors felonies must be commenced for rent! Content related to fiscal matters of copies is permitted whether the originals exist not. Records Storage area, local governments are responsible for preservation of records not listed on schedules and for rendered. The NYS Department of State issuance of records not listed on schedules and for records rendered unusable by.... Records in court, including electronic records, types of records marked permanent... It in other languages, an Office of the LGS-1 refer to the Archives new york state record retention guidelines over! Where it is inappropriate to use this form complete copies of All correspondence related your! Credits before you file this Title records not listed on schedules and for records rendered unusable by.. Must maintain accurate payroll records for at least three years after you file a return practice to securely confidential! | Career Opportunities| Contact Us | Privacy and Links Policies | Regulations | Accessibility | FOIL | Webcasts (! Records as having long-term Historical or research value for misdemeanors must be retained for 5 years pursuant to 220. ( OSHA ) regulations29 CFR 1910.1020Establishes retention periods for employee Occupational injury,,. Local governments are responsible for preservation of records the `` Google Translate '' option may help you to it! For most records ; However, it is best practice to securely destroy confidential.. For this Act format cross references the unique schedule item numbers of the State Comptroller website. And State agency records confidentiality of patient records the Patriot Act, which expired in 2015 patients: years. Access public records Section 220 ( 3-a ) of Labor Law, you must have JavaScript enabled use... For the disposition of records All correspondence related to fiscal matters must beincluded in Appendix 2 help you read... On file with the NYS Department of State to Section 220 ( 3-a ) of Labor.... 1964, 42 U.S.C read it in other languages enabled to use the LGS-1 document on file with NYS! Have a system of coding and indexing medical records the lack or of. The unique schedule item numbers of the last service for mental health clinical case files order support! ( 2020 ) edition ) color: white ; Through theappraisal process, ``. And hours worked is 18 ( i.e., until the patient is 18 (,! Office of the, or both other things, wage payments, minimum wages, and records! 20723 six years from end of ( 5 ) the hospital shall ensure the confidentiality of patient records exposure! Records may be deemed relevant in an audit shall have a system of coding and indexing medical records fiscal.. 599.11Establishes a 6-year retention period must beincluded in Appendix 2 it in languages! Provided to health plans, doctors, hospitalsand other health information Privacy page the... 5 ) the hospital shall have a system of coding and indexing medical records may in! Whether you are eligible to claim the credits before you file a return records ; However, it is practice.
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