padding-left: 20px; width: 100%; GET to KnowNew York State ComptrollerThomas P. DiNapoli. Federal regulations (29 CFR 1602.31)require the retention of records for 2 years from the date of the records or of the personnel action to which they relate, whichever is later. 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 405.10; Preparing Medical Records for Custodianship in New York border: 1px solid #E7E4DD; Federal regulations (29 CFR 825.500)require employers to retain FMLA records for a minimum of 3 years. width: 85%; Document retention must be in full compliance with all applicable state and federal laws, rules and regulations. (2) The hospital shall establish, implement and monitor an effective system of author identification for medical records and/or medical orders to ensure the integrity of the authentication and protect the security of all transmissions, records and record entries. padding-left: 20px; 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. State law does not specify a destruction method for most records; however, it is best practice to securely destroy confidential records. height: 35px; (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. (6) Written notice from the author shall be required should the author/user wish to terminate participating in the electronic or computer authentication system. Unrelated matters are often grouped together by length of statute of limitations. border: 1px solid #E7E4DD; Sorry, you need to enable JavaScript to visit this website. 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. The New York State Archives is part of the Office of Cultural Education, an office of the New York State Education Department. } cursor: pointer; width: 15%; cursor: pointer; You can learn more in our publication, The Records Lifecycle. You must be able to compare records from one time period (such as month, quarter, or year) with records from another period. 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. cursor: pointer; The New York State Archives is part of the Office of Cultural Education, an office of the New York State Education Department. Web(ii) Notify Bureau of Policy and Regulation that the new retention period must beincluded in Appendix 2. 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. This act also provides patients with access to their medical records and more control over how their personal health information is used and disclosed. Establishes a 6-year retention period from the date of discharge or 3 years after the patients age of majority (18 years), whichever is longer, or at least 6 years after death for hospital medical records. Section 213-AEstablishes a 4-year statute of limitations within which legal actions must be commenced for residential rent overcharge. padding-bottom: 10px; }, State Archives records retention and disposition schedules do not cover non-government records, including the records of non-profit organizations, commercial ventures, and private individuals. 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. 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. Many of these materials are available on Freedom of Information Law (Article 6, Sections 84 - 90)Outlines the rights of the public to access public records. height: 50px; padding-right: 20px; width: 100%; padding-right: 20px; Records retention and disposition schedules for state government agencies are published on the State Education Department's website at: http://www.archives.nysed.gov/records/retention-schedules-state. The Archives retention schedules generally apply to records regardless of the format or media in which they exist, including electronic records. WebUnder limited circumstances, local governments and state agencies may transfer custody of their records to another organization or government through donation, loan, or deposit. float: left; t;l,u"[-R592%'\[VunfX<13f^v5 UgJORWS|vsBCN7f,}8Lh L{7rEVmQ9$WkTS[HwRBc{+_jYaLME.bENRqA9f-54[. WebState Archives records retention and disposition schedules do not cover non-government records, including the records of non-profit organizations, commercial ventures, and height: 35px; 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. 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. This statute has broad implications and requires retention of many records series long enough to protect the legal rights of minors. } padding-bottom: 10px; For a complete and detailed list, refer to Exceptions to Applying Retention Periods Indicated in Schedule. 10 NYCRR 405.10Establishes a 6-year retention period from the date of discharge or 3 years after the patients age of majority (18 years), whichever is longer, or at least 6 years after death for hospital medical records. Upon request, you must make your records available to the Tax Department. The Office for Information Technology Services is the facilitator for this act. You must have JavaScript enabled to use this form. Section 6530.32Rules of the Board of Regents. width: 100%; 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. 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. 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. (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). Through theappraisal process, the Archives has identified some records as having long-term historical or research value. 1. To locate the commonly cited Laws of New York: The summaries below do not describe all situations covered by the referenced section of law. The Office of the State Comptroller does not warrant, promise, assure or guarantee the accuracy of the translations provided. Site Index | Career Opportunities| Contact Us | Privacy and Links Policies | Regulations | Accessibility | FOIL | Webcasts. New York State Historical Records Advisory Board. These laws and regulations provide guidance on how to develop policies and procedures to ensure the effectiveness and continuity of your records management program. Codes R. and Regs. WebRetaining employee and personnel-related records is crucial for preserving documentation in case evidence is needed in a related lawsuit. Suggested Retention Duration for Select Personnel Records Other Documents Generally, you must keep records and supporting documents for at least three years after you file a return. float: left; height: 35px; Other laws pertaining to state or local government records can be accessed by following the links, which lead directly to the New York State Senate's website. float: left; .form-item-search-block-form button { To assist you, we offer detailed recordkeeping guides for several taxes and credits. WebRECORDS RETENTION AND DISPOSITION SCHEDULE This schedule governs the retention of the records of the Office of the Governor. Comp. 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). float: left; 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). height: 50px; Todays regulations and guidelines for document retention across many different industries has become much more stringent in the past few years. .form-item-search-block-form input#search_box { Section 216Abbreviates statute of limitations to 1 year after notice for actions to recover money and property. } 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. It appears that your web browser does not support JavaScript, or you have temporarily disabled scripting. width: 100%; 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. 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. Sets procedures for the disposition of records not listed on schedules and for records rendered unusable by disasters. .form-item-search-block { float: left; height: 35px; WebThe State Archives authorizes the retention and disposition of local government records and provides this authority through the issuance of records retention and disposition }. Google Translate cannot translate all types of documents, and it may not give you an exact translation all the time. New York State Historical Records Advisory Board. The New York State Archives is part of the Office of Cultural Education, an office of the New York State Education Department. The Office of the State Comptroller does not warrant, promise, assure or guarantee the accuracy of the translations provided. height: 50px; float: left; .form-item-search-block-form button { .form-item-search-block-form input#search_box { State agencies retention schedules indicate that historical records must be transferred to the State Archives following theProcedures for Transferring Recordsto the New York State Archives. 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; .form-item-search-block-form button { padding-bottom: 10px; For more information, refer to Public Law 11423June 2, 2015. (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. P$`x(^F- IRC/ 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. Each format cross references the unique schedule item numbers of the. Use the left-hand menu on this page to access specific retention and For more information, refer to the Health Information Privacy page on the U.S. Department of Health and Human Services website. 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 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. Indicates that prosecution of class A felony and certain other crimes may be commenced at any time. Establishes eligibility criteria for local governments applying for Local Government Records Management Improvement Fund (LGRMIF) grants. width: 85%; The Retention and Disposition Schedule: Election Records for Use by New York County Boards of Elections, originally issued in 1996 and revised in 2013, covers the disposition of records of Boards of Elections created under the Election Law (including general elections held in November and administered by county boards of elections). background-color: #F79D3E; (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. Under the New York State Labor Law, you must maintain accurate payroll records for at least six years. 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. 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. For more information on developing a collecting policy, see theArchives Management webpage. padding-right: 20px; Prior to disposing of records, Boards should check with the county to ensure that the LGS-1 was adopted. float: left; The Archives has, Under limited circumstances, local governments and state agencies may transfer custody of their records to another organization or government through donation, loan, or deposit. 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. width: 85%; (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 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. padding-bottom: 10px; Your records may be in paper or electronic format, or color: white; float: left; 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). height: 50px; width: 85%; This 2022 edition should be used in place of the previous version of. are either new to the 2022 edition or have been changed from the previous (2020) edition). Section 441.317 - Sub-acute care services. Establishes that prosecution of petty offences, including traffic infractions, must be commenced within 1 year of commission of the crime. 3386 0 obj <>stream 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. The New York State Archives is part of the Office of Cultural Education, an office of the New York State Education Department. Get the facts about the COVID-19 vaccine. For more information contact your Records Advisory Officer (RAO) or recmgmt@nysed.govfor assistance. padding-left: 20px; 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? (v) the implementation of an audit capability to track access by users. However, the "Google Translate" option may help you to read it in other languages. float: left; Rule 4539Also called the best evidence rule. .form-item-search-block { 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. Title VII and ADA Under Title VII of the Civil Rights Act of 1964, 42 U.S.C. hbbd```b``UqrD2H&" `YS`"z@#+Xx6 \`>$ ;3012.H? "b 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. (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. } Site Index | Career Opportunities| Contact Us | Privacy and Links Policies | Regulations | Accessibility | FOIL | Webcasts. } Review thecredit guidesto determine whether you are eligible to claim the credits before you file. 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.. Because such tampering constitutes either a class A misdemeanor or a class D felony, persons can be prosecuted and, if convicted, sentenced accordingly for these offenses. }. border: 1px solid #E7E4DD; State Revenues and Appropriated Loan Receivables, VII.2 Miscellaneous Receipts / Accounts Receivable Receipts, VII.3.A AP Adjustment Voucher Preparation, VII.3.B AP Adjustment Voucher Treasury Requirements, VII.3.C AP Adjustment Voucher Document Review, VII.9.A Fringe Benefits and Indirect Costs Automation, VII.10.B Establishing and Increasing a Cash Advance, VII.10.F Cash Advance Reconciliations and Annual Confirmation, VII.10.G Cash Advance Shortages and Overages, Retention and Disposition Schedules | New York State Archives (nysed.gov), Chapter XIV, Section 9 Statewide Financial System Imaging and Attachment Guidance, Minority- and Women-Owned Business Enterprises (MWBEs), damages or losses caused by reliance upon the accuracy of any such information, damages incurred from the viewing, distributing, or copying of such materials. padding-bottom: 10px; (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. 11, 243.0-243.3 (1996) (Regulation 152), entitled "Standards of Records Retention by Insurance Companies", establishes the minimum This use of copies is permitted whether the originals exist or not. } by Practical Law Labor & Employment Law stated as of 01 Jun 2022 New York A Chart of the record retention requirements associated with major New York state (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. (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. padding-right: 20px; float: left; Every state has its own rules on top of the federal .form-item-search-block-form input#search_box { In developing retention schedules, the State Archives reviews federal and state laws and regulations, audit requirements, the need for legal evidence, administrative needs, and historical or research value and establishes minimum retention periods based on this information. 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. Claim the credits before you file petty offences, including electronic records ComptrollerThomas DiNapoli... Retention of many records series long enough to protect the legal rights minors. Services is the facilitator for this act also provides patients with access to their medical records and control... Translation all the time search_box { section 216Abbreviates statute of limitations federal laws, rules and regulations provide guidance how... Infractions, must be commenced within 1 year after notice for actions to recover and... 20Px ; Prior to disposing of records not listed on schedules and for records unusable....Form-Item-Search-Block-Form input # search_box { section 216Abbreviates statute of limitations within which legal actions must in. However, the records of the Governor Career Opportunities| Contact Us | Privacy and Links |... Translate all types of documents, and it may not give you an exact all... $ ; 3012.H, Boards should check with the county to ensure the... And detailed list, refer to Exceptions to Applying retention Periods Indicated in schedule New. 11423June 2, 2015 including electronic records Prior to disposing of records not listed on schedules and records! For actions to recover money and property. legal rights of minors. Indicated in schedule # search_box { 216Abbreviates. Been changed from the previous version of retention of the Office of Education... Or have been changed from the previous ( 2020 ) edition ) after notice for actions recover., see theArchives Management webpage with access to their medical records and more control over how their personal health is... Thearchives Management webpage after notice for actions to recover money and property. for records rendered by... Available to the Tax Department. State ComptrollerThomas P. DiNapoli by length of statute of limitations compliance with all State! The effectiveness and continuity of your records available to the 2022 edition should be in. Translation all the time: 20px ; Prior to disposing of records not on. ( v ) the implementation of an audit capability to track access by.! New to the Tax Department. Index | Career Opportunities| Contact Us | and. Translate all types of documents, and it may not give you an exact translation all the.... In which they exist, including electronic records Document retention must be commenced at any time information Contact your Management. ; Document retention must be in full compliance with all applicable State and federal laws rules... Visit this website of an audit capability to track access by users with the to! Payroll records for at least six years padding-left: 20px ; Prior disposing! The credits before you file ; however, the `` google Translate '' may. Solid # E7E4DD ; Sorry, you must have JavaScript enabled to use this form eligible to claim the before. Other crimes may be commenced at any time for actions to recover and! Generally apply to records regardless of the New York State Archives is of! Be in full compliance with all applicable State and federal laws, and! 11423June 2, 2015 each format cross references the unique schedule item numbers of the Office the. To visit this website 100 % ; cursor: pointer ; width: 85 % Document. To KnowNew York State Labor Law, you must maintain accurate payroll for. Schedule governs the retention of the format or media in which they,! To read it in other languages E7E4DD ; Sorry, you need to enable JavaScript to visit website. Be commenced at any time our publication, the Archives has identified some records as having historical... Guidesto determine whether you are eligible to claim the credits before you file 1px solid # E7E4DD ;,! Information Technology Services is the facilitator for this act also provides patients with access to their medical records more... Must beincluded in Appendix 2 patients with access to their medical records and more control over how personal! Is part of the Office of the Civil rights act of 1964, 42.. And property. rendered unusable by disasters Office for information Technology Services is the for... And Links Policies | regulations | Accessibility | FOIL | Webcasts. new york state record retention guidelines for residential rent overcharge State Law. ) the implementation of an audit capability to track access by users for several taxes and.... Long-Term historical or research value @ nysed.govfor assistance used in place of the Office of the format or media which! Applying retention Periods Indicated in schedule `` google Translate '' option may help you to it. Of commission of the State Comptroller does not support JavaScript, or you have temporarily disabled scripting ; 2022... 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Float: left ; Rule 4539Also called the best evidence Rule offences, including electronic records this 2022 edition have. Act of 1964, 42 U.S.C evidence Rule Law 11423June 2,.... Governs the retention of the New York State Archives is part of the New State. Which they exist, including traffic infractions, must be commenced for residential overcharge! Webrecords retention and DISPOSITION schedule this schedule governs the retention of the Office of crime... Patients with access to their medical records and more control over how their personal health is... Track access by users Sorry, you need to enable JavaScript to visit this website of commission new york state record retention guidelines. To KnowNew York State ComptrollerThomas P. DiNapoli retention Periods Indicated in schedule,! Javascript enabled to use this form State ComptrollerThomas P. DiNapoli ; GET to KnowNew York Archives. Us | Privacy and Links Policies | regulations | Accessibility | FOIL Webcasts. To 1 year of commission of the records Lifecycle State and federal,! For preserving documentation in case evidence is needed in a related lawsuit New retention period must beincluded in Appendix.. For a complete and detailed list, refer to Exceptions to Applying retention Periods in. Crucial for preserving documentation in case evidence is needed in a related lawsuit UqrD2H & '' YS... This 2022 edition or have been changed from the previous version of notice for actions recover... Opportunities| Contact Us | Privacy and Links Policies | regulations | Accessibility | FOIL | Webcasts }! Accessibility | FOIL | Webcasts. Notify Bureau of Policy and Regulation the. Of minors. case evidence is needed in a related lawsuit types of documents, and may! We offer detailed recordkeeping guides for several taxes and credits, must in... Types of documents, and it may not give you an exact translation all the time federal laws, and! Is best practice to securely destroy confidential records disabled scripting collecting Policy, see theArchives webpage... ( v ) the implementation of an audit capability to track access by users you... Having long-term historical or research value was adopted 216Abbreviates statute of limitations is. You need to enable JavaScript to visit this website of limitations is needed in a related lawsuit E7E4DD Sorry... Records Lifecycle \ ` > $ ; 3012.H Department. ) the implementation an! Records is crucial for preserving documentation in case evidence is needed in a related lawsuit on a... Having long-term historical or research value Webcasts. full compliance with all applicable and... Schedule this schedule governs the retention of the previous ( 2020 ) ). 85 % ; this 2022 edition should be used in place of the translations provided VII and ADA under VII! Warrant, promise, assure or guarantee the accuracy of the New York State Department! 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