cursor: pointer; %PDF-1.6 % Section 6530.32Rules of the Board of Regents. If you would like to read the laws in New York pertaining to medical record retention yourself, visit these links: N.Y. EDUC. 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. 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). 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. 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]. 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. padding-bottom: 10px; 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 } 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-left: 20px; The State Archives is unable to provide technical support regarding the use and modification of the MS Excel worksheets or MS Access database. .form-item-search-block-form button { Permits the use of copies in court when those copies were prepared in the regular course of business by a process which accurately reproduces the original records and when those copies are satisfactorily identified. The Office of the State Comptroller does not warrant, promise, assure or guarantee the accuracy of the translations provided. float: left; 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. The New York State Office of the State Comptroller's website is provided in English. Use the left-hand menu on this page to access specific retention and height: 50px; Your records may be in paper or electronic format, or The Office for Information Technology Services is the facilitator for this act. width: 100%; 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. float: left; 2022" on the lower left of the page; items marked with, Print copy (available on request). height: 35px; width: 15%; .form-item-search-block { Please note that the PDF and print formats are complete copies of the LGS-1 document on file with the NYS Department of State. CODES R. & REGS. (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. 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. border: 1px solid #E7E4DD; 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. float: left; padding-right: 20px; .form-item-search-block-form button { 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. Labor LawSection 876Establishes a 40-year retention period for lists of employees handling toxic substances. State agency retention and access to records must be in full compliance with all applicable federal laws, rules and regulations (e.g., for Department of Health and Human Services, see 45CFR 92.42). (6) Written notice from the author shall be required should the author/user wish to terminate participating in the electronic or computer authentication system. 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? Prior to disposing of records, Boards should check with the county to ensure that the LGS-1 was adopted. float: left; 2. New York State Historical Records Advisory Board. All entries shall be legible and complete and shall be authenticated by the person entering, ordering or completing such action. The New York State Office of the State Comptroller's website is provided in English. You must be able to compare records from one time period (such as month, quarter, or year) with records from another period. Chart of Recordkeeping Requirements The following chart outlines some of the more common records and the current federal and New York State requirements for First, it generally recognizes that electronic records are as legally effective, valid and enforceable as paper writings, with certain exceptions. Discusses the issuance of records retention and disposition schedules. For more information, refer to the Health Information Privacy page on the U.S. Department of Health and Human Services 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, 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. 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). 405.10; Preparing Medical Records for Custodianship in New York Sign up online or download and mail in your application. (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. 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 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; WebRECORDS RETENTION AND DISPOSITION SCHEDULE This schedule governs the retention of the records of the Office of the Governor. border: 1px solid #E7E4DD; This statute has broad implications and requires retention of many records series long enough to protect the legal rights of minors. (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 float: left; height: 50px; The Archives retention schedules generally apply to records regardless of the format or media in which they exist, including electronic records. The New York State Archives is part of the Office of Cultural Education, an office of the New York State Education Department. 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. If an employee is involuntarily terminated, his/her personnel records must be retained for one year from the date of termination. For a complete and detailed list, refer to Exceptions to Applying Retention Periods Indicated in Schedule. width: 85%; 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. However, the "Google Translate" option may help you to read it in other languages. (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. To assist you, we offer detailed recordkeeping guides for several taxes and credits. It appears that your web browser does not support JavaScript, or you have temporarily disabled scripting. 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. padding-bottom: 10px; 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 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. .form-item-search-block-form input#search_box { 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. (1) Upon completion of ordering or providing or evaluating patient care services, each such action shall be recorded and promptly entered in the patient medical record. color: white; 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. These laws and regulations provide guidance on how to develop policies and procedures to ensure the effectiveness and continuity of your records management program. 1. As a New York State business owner, you are required to keep recordsthat allow you to prepare complete and accurate tax returns for your business. padding-left: 20px; For more information on transferring records elsewhere legally, contact the State Archives at (518) 474-6926 or. Contractors certified payrolls must be retained for 5 years pursuant to Section 220 (3-a) of Labor Law. cursor: pointer; 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. Document retention must be in full compliance with all applicable state and federal laws, rules and regulations. width: 15%; Codes R. and Regs. It issues retention schedules for both types of governments. 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 }. (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. }, 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. 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. 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. 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. 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. 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; are either new to the 2022 edition or have been changed from the previous (2020) edition). Documentation of disposition can protect your organization when it is unable to provide properly destroyed records in response to litigation, audits, or requests under FOIL. The New York State Archives is part of the Office of Cultural Education, an office of the New York State Education Department. 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. 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. Any other information that may be deemed relevant in an audit. The hospital shall have a department that has administrative responsibility for medical records. height: 35px; WebN.Y. The statute of limitations for civil actions under this law is ten years. color: white; float: left; Establishes that prosecution for misdemeanors must be commenced within 2 years of commission of the crime. padding-bottom: 10px; 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. }, New York State Historical Records Advisory Board. 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. 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 . .form-item-search-block-form button { color: white; border: 1px solid #E7E4DD; background-color: #F79D3E; (e) General Retention and Disposition Schedule for New York State 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. 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. 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. 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. 14 NYCRR 599.11Establishes a 6-year retention period from the date of the last service for mental health clinical case files. 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. Under the New York State Labor Law, you must maintain accurate payroll records for at least six years. 12111, the following Read more on the New York Department of Health Website. border: 1px solid #E7E4DD; 3347 0 obj <> endobj .form-item-search-block-form button { Unrelated matters are often grouped together by length of statute of limitations. Establishes eligibility criteria for local governments applying for Local Government Records Management Improvement Fund (LGRMIF) grants. 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 This act also provides patients with access to their medical records and more control over how their personal health information is used and disclosed. This Google translation feature is provided for informational purposes only. This system shall identify those categories of practitioners and personnel who are authorized to utilize electronic or computer authentication systems.