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. In addition, non-government entities can consult and adopt (as appropriate) State Archives retention requirements, because the legal basis for retaining records for a certain period of time is frequently the same for government and non-government records.. To assist you, we offer detailed recordkeeping guides for several taxes and credits. It issues retention schedules for both types of governments. border: 1px solid #E7E4DD; width: 85%; All entries shall be legible and complete and shall be authenticated by the person entering, ordering or completing such action. 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. } 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 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. height: 35px; Site Index | Career Opportunities| Contact Us | Privacy and Links Policies | Regulations | Accessibility | FOIL | Webcasts. Use the left-hand menu on this page to access specific retention and are either new to the 2022 edition or have been changed from the previous (2020) edition). 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. 3386 0 obj <>stream padding-bottom: 10px; 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 .form-item-search-block { State Government Records Law and Regulations. 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. 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. height: 35px; For a complete and detailed list, refer to Exceptions to Applying Retention Periods Indicated in Schedule. 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. Codes R. and Regs. Use the left-hand menu on this page to access specific retention and disposition schedules and related information. padding-right: 20px; The New York State Archives is part of the Office of Cultural Education, an office of the New York State Education Department. Original medical records, information from or copies of records shall be released only to hospital staff involved in treating the patient and individuals as permitted by Federal and State laws. padding-right: 20px; padding-left: 20px; Tell us more about you to receive content related to your area or interests. }, 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. To report technical problems with this web site, please contact the New York State Archives at archinfo@nysed.gov. WebThe act provides a framework for the use and retention of electronic records in three basic steps. Rule 4521Establishesthe means by whichpublic officials can indicate the lack or non-existence of a particular record. 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.. 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). 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. The statute of limitations for civil actions under this law is ten years. background-color: #F79D3E; } Non-election records maintained by County Boards of Elections may be disposed following the LGS-1. height: 35px; WebRetaining employee and personnel-related records is crucial for preserving documentation in case evidence is needed in a related lawsuit. .form-item-search-block { The New York State Archives is part of the Office of Cultural Education, an office of the New York State Education Department. Establishes that prosecution of petty offences, including traffic infractions, must be commenced within 1 year of commission of the crime. .form-item-search-block-form button { float: left; Section 213-AEstablishes a 4-year statute of limitations within which legal actions must be commenced for residential rent overcharge. 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. height: 35px; }. 405.10 Medical records. cursor: pointer; cursor: pointer; height: 50px; tit. } 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. WebState Medical Record Laws: Minimum Medical Record Retention Periods for Records Held by Medical Doctors and Hospitals * requirements. 3347 0 obj <> endobj 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. 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 float: left; width: 85%; background-color: #F79D3E; Site Index | Career Opportunities| Contact Us | Privacy and Links Policies | Regulations | Accessibility | FOIL | Webcasts. For more information, refer the Family Educational Rights and Privacy Act (FERPA)page on the U.S. Department of Education website. It appears that your web browser does not support JavaScript, or you have temporarily disabled scripting. border: 1px solid #E7E4DD; 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. .form-item-search-block-form input#search_box { 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. Disposition is the final action in the records lifecycle and occurs when a record satisfies its retention period as noted on a retention schedule. 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. WebThe Organization expects all officers, directors, volunteers, and employees to comply fully with any published record retention or destruction policies and schedules, provided that all officers, directors, and employees should note the following general exception to any stated destruction schedule: If you believe, or the Organization informs you, that any records are State law does not specify a destruction method for most records; however, it is best practice to securely destroy confidential records. }. height: 35px; padding-bottom: 10px; height: 50px; 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 IRS may also request specific information regarding employees if they are being audited. 14 NYCRR 599.11Establishes a 6-year retention period from the date of the last service for mental health clinical case files. If you would like to read the laws in New York pertaining to medical record retention yourself, visit these links: N.Y. EDUC. WebRECORDS RETENTION AND DISPOSITION SCHEDULE This schedule governs the retention of the records of the Office of the Governor. width: 100%; (9) All orders for controlled substances shall be carried out in accordance with provisions of Part 80 of this Title. width: 15%; border: 1px solid #E7E4DD; WebUnder limited circumstances, local governments and state agencies may transfer custody of their records to another organization or government through donation, loan, or deposit. 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. 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 cursor: pointer; 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. cursor: pointer; 11 NYCRR 243.3 prescribes the standards for the maintenance and reproduction of policy records. .form-item-search-block-form button { } padding-left: 20px; 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. height: 50px; Section 441.317 - Sub-acute care services. Documentation of final acceptance by grantor and closure. Legible and signed facsimile orders may be accepted and shall be filed in the patient medical records. padding-left: 20px; WebThe State Archives authorizes the retention and disposition of local government records and provides this authority through the issuance of records retention and disposition You must be able to compare records from one time period (such as month, quarter, or year) with records from another period. (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. Contractors certified payrolls must be retained for 5 years pursuant to Section 220 (3-a) of Labor Law. Unrelated matters are often grouped together by length of statute of limitations. hSKSQ?7}[OylQDA/s5"do)b*eoQZx"4h#Ho_}xss9{. Many of these materials are available on .form-item-search-block-form input#search_box { padding-bottom: 10px; Due to space considerations, only four of themost commonly citedlaws have been listed. 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. (6) The hospital shall ensure the confidentiality of patient records. Through theappraisal process, the Archives has identified some records as having long-term historical or research value. Copies of all correspondence related to fiscal matters. 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? Rule 4539Also called the best evidence rule. The New York State Archives is part of the Office of Cultural Education, an office of the New York State Education Department. 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). } WebSchedule for New York Local Government Records (LGS1)-, which supersedes and replaces the CO-2, MU-1, MI-1, and ED-1 Schedules. .form-item-search-block { (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). Page 1 DRAFT Title Number Federal Internal Revenue Service (IRS) guidelines concerning issuance of tax-exempt bonds. 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. The New York State Office of the State Comptroller's website is provided in English. From there, click on the appropriate law (e.g., "CVP" for Civil Practice Law and Rules) and follow the links to the desired article and section of that law. (1) Medical records shall be legibly and accurately written, complete, properly filed, retained and accessible in a manner that does not compromise the security and confidentiality of the records. 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. Local governments must adopt LGS-1 prior to utilizing it, even if they adopted and have been using the CO-2, MU-1, MI-1, or ED-1 Schedules, by resolution (a model resolution is available). If you 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. background-color: #F79D3E; You must also keep documents, such as canceled checks, receipts, cash register tapes, purchase orders, and other sales records to support your business records. New York State Historical Records Advisory Board. Establishes that prosecution for other felonies must be commenced within 5 years of commission of the crime. .form-item-search-block-form input#search_box { Nycrr 243.3 prescribes the standards for the maintenance and reproduction of policy records has identified some as. Cultural Education, an Office of the Office of the Office of the of... 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