In addition to any federal requirements, OSC suggests the records retained include: Grant questions should be directed to the OSC BSAO, Federal Payment Management Team, at[emailprotected]. Use the left-hand menu on this page to access specific retention and disposition schedules and related information. The system shall allow for timely retrieval by diagnosis and procedure, in order to support quality assurance studies. P$`x(^F- IRC/ Legible and signed facsimile orders may be accepted and shall be filed in the patient medical records. For more information contact your Records Advisory Officer (RAO) or recmgmt@nysed.govfor assistance. Several rules were amended in 2006 to clarify the process of electronic records discovery, as well as theobligations of litigating parties in discovery actions. 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. Sign up online or download and mail in your application. 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 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. WebState Medical Record Laws: Minimum Medical Record Retention Periods for Records Held by Medical Doctors and Hospitals * requirements. 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. 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. New York State Historical Records Advisory Board. border: 1px solid #E7E4DD; With how fast Establishes that prosecution for other felonies must be commenced within 5 years of commission of the crime. These laws and regulations provide guidance on how to develop policies and procedures to ensure the effectiveness and continuity of your records management program. 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 . Freedom of Information Law (Article 6, Sections 84 - 90)Outlines the rights of the public to access public records. 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 The statute 11 NYCRR 243.3 prescribes the standards for the maintenance and reproduction of policy records. If you rely on information obtained from Google Translate, you do so at your own risk. (e.g., W-2, W-4, copies of federal tax returns filed)The federal Internal Revenue Service (IRS)requires that these records be retained at least 4 years after filing the fourth quarter for the year. In addition, for guidance on developing retention and disposition schedules in non-government organizations, contactARMA International. Records being used for audits or legal actions must be kept until the audit is satisfied or the legal action ends, even if their minimum retention period has passed. float: left; } }. Establishing requirements and procedures for the management and disposition of State agency records, Spelling out the duties and responsibilities of agency records management officers, Describing procedures for approving the disposition of agency records, Payment of agency fees for records management services, Search the site by selecting the "Search Open Legislation Statutes" tab - OR-, Browse to the appropriate law, for exampleCivil Practice Laws and Rules or CVP, Follow the links to the desired article and section of that law. float: left; GET to KnowNew York State ComptrollerThomas P. DiNapoli. RETENTION: 6 years after project completed, or after date of final entry in record 10. Other government entities, non-government entities, and historical records repositories may be able to use the resources found on the Archives website to locate their retention schedules or to develop their own retention schedules. Establishes that prosecution for misdemeanors must be commenced within 2 years of commission of the crime. The MS Access and Excel versions do not contain the introduction, index, nor any section or sub-section notes; however, they provide all series and subseries information, including notes. 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 t;l,u"[-R592%'\[VunfX<13f^v5 UgJORWS|vsBCN7f,}8Lh L{7rEVmQ9$WkTS[HwRBc{+_jYaLME.bENRqA9f-54[. Disposition means the disposal of a record by (1) destruction, (2) transfer to an archival repository, or (3) transfer to another government or organization. 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. }, 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.". This act also provides patients with access to their medical records and more control over how their personal health information is used and disclosed. 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 For more information, refer tothe Federal Rules for Civil Procedure, available on the Cornell Law School website. The CO-2, MU-1, MI-1, and ED-1 Schedules, were superseded by the LGS-1 on January 1, 2021 and are no longer legally valid for disposition of records. cursor: pointer; padding-right: 20px; WebRetaining employee and personnel-related records is crucial for preserving documentation in case evidence is needed in a related lawsuit. height: 35px; .form-item-search-block { (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. 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 border: 1px solid #E7E4DD; This system shall identify those categories of practitioners and personnel who are authorized to utilize electronic or computer authentication systems. width: 15%; 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 and Local Retirement System (NYSLRS), New York State Budget Analysis and Financial Reporting, New York City Economic and Fiscal Monitoring, VII. Many of these materials are available on Title VII and ADA Under Title VII of the Civil Rights Act of 1964, 42 U.S.C. Alcoholic beverages tax (ABT): Sales and distribution, Recordkeeping Requirements - Highway Use Tax (TB-HU-765), Recordkeeping Requirements for Sales Tax Vendors (TB-ST-770), environmental remediation insurance credit, rehabilitation of historic properties credit, remediated brownfield credit for real property taxes, special additional mortgage recording tax credit, Excise Tax on Medical Cannabis - Recordkeeping, Form DTF-664, Tax Shelter Disclosure for Material Advisors, Transportation Network Company assessment, Video: Sales Tax Recordkeeping Requirements. 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. Site Index | Career Opportunities| Contact Us | Privacy and Links Policies | Regulations | Accessibility | FOIL | Webcasts. Minor patients : 2 years beyond the date the patient is 18 (i.e., until the patient turns 20). Use the left-hand menu on this page to access specific retention and (ii) a process implemented as part of the hospital's quality assurance activities that provides for the sampling of records for review to verify the accuracy and integrity of the system. Rule 4521Establishesthe means by whichpublic officials can indicate the lack or non-existence of a particular record. Copies of all correspondence related to fiscal matters. 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. Unrelated matters are often grouped together by length of statute of limitations. State Government Records Law and Regulations. 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). %PDF-1.6 % Generally, you must keep records and supporting documents for at least three years after you file a return. Per 2 CFR 200.334, financial records, supporting documents, statistical records, and all other non-Federal entity records pertinent to a Federal award must be retained for a period of three years from the date of submission of the final expenditure report. height: 50px; 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. Indicates that prosecution of class A felony and certain other crimes may be commenced at any time. Sections 175.20and175.25Addresses the tampering of public records in the second and first degrees. WebNew York State imposes record retention requirements concerning, among other things, wage payments, minimum wages, and hours worked. This law replaced the Patriot Act, which expired in 2015. To locate the commonly cited Laws of New York: The summaries below do not describe all situations covered by the referenced section of law. 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 The New York State Archives is part of the Office of Cultural Education, an office of the New York State Education Department. (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. Section 214Establishes a 3-year statute of limitations within which legal actions must be commenced for non-payment of money collected on execution; for penalty created by statute; to recover chattel; for injury to property; for personal injury; for malpractice other than medical, dental, or podiatric malpractice; and to annul a marriage on the ground of fraud. The State Archives has authority over the retention and disposition of local government and state agency records. [501] System operational records of original entry created in non-automated system or used for data entry or verification, where significant information is data entered or posted to reports and other summary records, including but not limited to 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. The New York State Archives is part of the Office of Cultural Education, an office of the New York State Education Department. 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. Federal regulations (29 CFR 825.500)require employers to retain FMLA records for a minimum of 3 years. Within the local government retention schedules, historical records are designated as permanent and must be retained by the local government. 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. 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. height: 35px; 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. This use of copies is permitted whether the originals exist or not. 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). WebState Archives records retention and disposition schedules do not cover non-government records, including the records of non-profit organizations, commercial ventures, and .form-item-search-block-form button { width: 100%; border: 1px solid #E7E4DD; Decisions regarding the method of destruction are usually left up to the organization. height: 35px; The Office of the State Comptroller does not warrant, promise, assure or guarantee the accuracy of the translations provided. New York State Historical Records Advisory Board. Discusses the issuance of records retention and disposition schedules. To report technical problems with this web site, please contact the New York State Archives at archinfo@nysed.gov. The New York State Archives is part of the Office of Cultural Education, an office of the New York State Education Department. Section 6530.32Rules of the Board of Regents. Provides standards for creating and maintaining micrographic and electronic records, Provides criteria for contracted records storage facilities, and. Protects the privacy of student education records. Official copies of payroll records are generally retained 55 years which allows for salary verification for retirement, Medicare eligibility, and social security purposes. float: left; Rule 4518Allows the admissibility of original records in court, including electronic records, when made in the regular course of business. border: 1px solid #E7E4DD; Amendments enacted in 2008 clarify issues that govern access to electronic records. width: 15%; width: 100%; .form-item-search-block-form input#search_box { The key is to regularly carry out disposition, as indicated in your retention schedule and as part of your organizations normal business practices, and to document this disposition. 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. width: 85%; The statute of limitations for civil actions under this law is ten years. All New York State local governments including cities, towns, villages, fire districts, counties, school districts,Boards of Cooperative Educational Services (BOCES), teacher resource and computer training centers, county vocational education and extension boards, and miscellaneous local governments. For a complete and detailed list, refer to Exceptions to Applying Retention Periods Indicated in Schedule. Section 214-CEstablishes statute of limitations of 3 years from the point of discovery within which certain legal actions must be commenced. 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 Disposition is the final action in the records lifecycle and occurs when a record satisfies its retention period as noted on a retention schedule. Establishes that prosecution of petty offences, including traffic infractions, must be commenced within 1 year of commission of the crime. Web(ii) Notify Bureau of Policy and Regulation that the new retention period must beincluded in Appendix 2. It can be difficult to keep track of all the regulations when it comes to record retention. height: 50px; New York Medical Record Retention Statutes. float: left; Section 110 of Workers' Compensation Law requires that a record of all injuries and occupational illnesses be retained for a minimum of 18 years. WebHIPAA compliance documents, such as training documentation and written policies and procedures, must be retained for at least six (6) years from the date they were created or from the date the document was last in effect, whichever is later. This statute has broad implications and requires retention of many records series long enough to protect the legal rights of minors. This Google translation feature is provided for informational purposes only. Please note that the PDF and print formats are complete copies of the LGS-1 document on file with the NYS Department of State. (v) the implementation of an audit capability to track access by users. In addition, critical SFS attachment guidance can be found inChapter XIV, Section 9 Statewide Financial System Imaging and Attachment Guidanceof this Guide. If you rely on information obtained from Google Translate, you do so at your own risk. } } float: left; .form-item-search-block-form input#search_box { Labor LawSection 876Establishes a 40-year retention period for lists of employees handling toxic substances. Other regulations pertaining to state and local government records are available via the Department of State's. width: 85%; (a) General requirements. float: left; Contractors certified payrolls must be retained for 5 years pursuant to Section 220 (3-a) of Labor Law. First, it generally recognizes that electronic records are as legally effective, valid and enforceable as paper writings, with certain exceptions. color: white; background-color: #F79D3E; N.M. Code R. 16.10.17.10 (C) (2008). width: 100%; (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. 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. Document retention must be in full compliance with all applicable state and federal laws, rules and regulations. padding-bottom: 10px; .form-item-search-block-form button { Section 216Abbreviates statute of limitations to 1 year after notice for actions to recover money and property. Local governments, who have not adopted the LGS-1 as of January 1st, may still adopt the LGS-1, but must suspend disposition of records until they have done so. } Section 214-AEstablishes a 2 year and 6 months statute of limitations within which legal actions must be commenced for medical, dental, or podiatric malpractice. height: 35px; The New York State Archives County Records Management Retention and Disposition Schedule can be found below: 2021 Records Management Retention and Destruction Sch.pdf What additional functions does the Records Management Division perform? Section 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. Every state has its own rules on top of the federal 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. width: 100%; width: 85%; float: left; WebThis Retention and Disposition Schedule for New York Local Government Records (LGS-1) is a single, comprehensive retention schedule covering records of all types of local Local governments and state agencies should hold records that may be used in a lawsuit for at least the length of the associated statute of limitations. (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. border: 1px solid #E7E4DD; (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. 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