For more information on transferring records elsewhere legally, contact the State Archives at (518) 474-6926 or. %%EOF
padding-right: 20px; WebRECORDS RETENTION AND DISPOSITION SCHEDULE This schedule governs the retention of the records of the Office of the Governor. New York State and Local Retirement System (NYSLRS), New York State Budget Analysis and Financial Reporting, New York City Economic and Fiscal Monitoring, VII. 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). 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. Decisions regarding the method of destruction are usually left up to the organization. Section 214-CEstablishes statute of limitations of 3 years from the point of discovery within which certain legal actions must be commenced. 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. Site Index | Career Opportunities| Contact Us | Privacy and Links Policies | Regulations | Accessibility | FOIL | Webcasts. All entries shall be legible and complete and shall be authenticated by the person entering, ordering or completing such action. padding-left: 20px; width: 85%; width: 100%; Due to space considerations, only four of themost commonly citedlaws have been listed. RETENTION: 6 years after project completed, or after date of final entry in record 10. 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. }, New York State Historical Records Advisory Board. Google Translate cannot translate all types of documents, and it may not give you an exact translation all the time. 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 441.317 - Sub-acute care services. Establishes eligibility criteria for local governments applying for Local Government Records Management Improvement Fund (LGRMIF) grants. Both the original policy that is issued and any subsequent renewals of the policy must be retained in the policy record for the retention period specified in Regulation 152. (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. Sets procedures for the disposition of records not listed on schedules and for records rendered unusable by disasters. OSHA requires that employee toxic or hazardous exposure records be retained 30 years after exposure and employee occupational injury and illness logs be retained 5 years. (3) Each electronic or computer entry, order or authentication shall be recorded in the medical record as to date, time, category of practitioner, mode of transmission and point of origin. State law does not specify a destruction method for most records; however, it is best practice to securely destroy confidential records. WebRecord Retention Guidelines by 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. Section 213-AEstablishes a 4-year statute of limitations within which legal actions must be commenced for residential rent overcharge. border: 1px solid #E7E4DD; Establishes that prosecution for misdemeanors must be commenced within 2 years of commission of the crime. N.M. Code R. 16.10.17.10 (C) (2008). Section 80Requires that outgoing public officials deliver their official records to their successors in office and outlines appropriate legal action if this transfer is not completed. 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 Contractors certified payrolls must be retained for 5 years pursuant to Section 220 (3-a) of Labor Law. Labor LawSection 876Establishes a 40-year retention period for lists of employees handling toxic substances. 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).
width: 85%; Protects the privacy of patients' medical records and other health information provided to health plans, doctors,hospitalsand other health care providers. .form-item-search-block { 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). CODES R. & REGS. float: left; color: white; 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]. width: 15%; 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. Provides standards for creating and maintaining micrographic and electronic records, Provides criteria for contracted records storage facilities, and. float: left; Under the New York State Labor Law, you must maintain accurate payroll records for at least six years. The hospital shall have a department that has administrative responsibility for medical records. width: 15%; For more information, refer to the Archives' page on requesting early destruction of records. height: 35px; border: 1px solid #E7E4DD; padding-right: 20px; This act also provides patients with access to their medical records and more control over how their personal health information is used and disclosed. .form-item-search-block-form button { } Rule 4518Allows the admissibility of original records in court, including electronic records, when made in the regular course of business. 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. In addition, for guidance on developing retention and disposition schedules in non-government organizations, contactARMA International. Upon request, you must make your records available to the Tax Department. 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. background-color: #F79D3E; } 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.. Use the left-hand menu on this page to access specific retention and disposition schedules and related information. Unrelated matters are often grouped together by length of statute of limitations. 0
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; float: left; float: left; The New York State Archives is part of the Office of Cultural Education, an office of the New York State Education Department. float: left; .form-item-search-block-form input#search_box { } 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. 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). (e) General Retention and Disposition Schedule for New York State .form-item-search-block { 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. 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. 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. For more information, refer tothe Federal Rules for Civil Procedure, available on the Cornell Law School website. 20723 Six years from end of 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. (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. New York State Historical Records Advisory Board. (6) The hospital shall ensure the confidentiality of patient records. 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). .form-item-search-block-form button { The State of New York, its officers, employees, and/or agents are not liable to you, or to third parties, for damages or losses of any kind arising out of, or in connection with, the use or performance of such information. Codes R. and Regs. cursor: pointer; height: 35px; 405.10; Preparing Medical Records for Custodianship in New York 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. 11 NYCRR 243.3 prescribes the standards for the maintenance and reproduction of policy records. float: left; Sign up online or download and mail in your application. This statute has broad implications and requires retention of many records series long enough to protect the legal rights of minors. Rule 4539Also called the best evidence rule. (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. However, the "Google Translate" option may help you to read it in other languages. (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. (6) Written notice from the author shall be required should the author/user wish to terminate participating in the electronic or computer authentication system. border: 1px solid #E7E4DD; 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. height: 50px; 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. padding-bottom: 10px; Google Translate cannot translate all types of documents, and it may not give you an exact translation all the time. 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. 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. Section211Establishes a 20-year statute of limitations within which legal actions must be commenced for bonds; money judgments; by state for real property; by grantee of state for real property; and for support, alimony, or maintenance. padding-left: 20px; 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. Section 216Abbreviates statute of limitations to 1 year after notice for actions to recover money and property. 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. 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. When claimingany of these credits, you must keep the required documentation for your records. You must be able to compare records from one time period (such as month, quarter, or year) with records from another period. .form-item-search-block { 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. background-color: #F79D3E; width: 85%; The statute of limitations for civil actions under this law is ten years. border: 1px solid #E7E4DD; width: 85%; height: 35px; 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. Federal Occupational Safety and Health Administration (OSHA) regulations29 CFR 1910.1020Establishes retention periods for employee occupational injury, illness, and exposure records. Electronic Signatures and Records Act (Article III, Sections 301 - 309)Ensures that electronic signatures are legally binding and clarifies the authority of government agencies to create records in electronic format. 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). border: 1px solid #E7E4DD; height: 35px; 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. 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