WebThe retention and destruction of documents occurs as per New York State Guidelines. 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 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). For more information, refer to the Archives' page on requesting early destruction of records. 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]. border: 1px solid #E7E4DD; 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 Review thecredit guidesto determine whether you are eligible to claim the credits before you file. 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. (v) the implementation of an audit capability to track access by users. Chapter 13 of the State Finance Law, known as the False Claims Act, allows local governments and state agencies to bring a civil action to recover financial losses from a fraudulent claim. color: white; height: 35px; Section 216Abbreviates statute of limitations to 1 year after notice for actions to recover money and property. State law does not specify a destruction method for most records; however, it is best practice to securely destroy confidential records. 3347 0 obj <> endobj 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. 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: 35px; border: 1px solid #E7E4DD; (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). Section 6530.32Rules of the Board of Regents. 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. The State Archives has authority over the retention and disposition of local government and state agency records. hSKSQ?7}[OylQDA/s5"do)b*eoQZx"4h#Ho_}xss9{. New York State Historical Records Advisory Board. float: left; width: 85%; Chart of Recordkeeping Requirements The following chart outlines some of the more common records and the current federal and New York State requirements for Every state has its own rules on top of the federal 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. cursor: pointer; } Provides standards for creating and maintaining micrographic and electronic records, Provides criteria for contracted records storage facilities, and. Todays regulations and guidelines for document retention across many different industries has become much more stringent in the past few years. width: 100%; padding-left: 20px; Official copies of payroll records are generally retained 55 years which allows for salary verification for retirement, Medicare eligibility, and social security purposes. (b) Content. background-color: #F79D3E; float: left; Please note that the PDF and print formats are complete copies of the LGS-1 document on file with the NYS Department of State. padding-right: 20px; 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. background-color: #F79D3E; .form-item-search-block { Disposition means the disposal of a record by (1) destruction, (2) transfer to an archival repository, or (3) transfer to another government or organization. 11, 243.0-243.3 (1996) (Regulation 152), entitled "Standards of Records Retention by Insurance Companies", establishes the minimum %%EOF border: 1px solid #E7E4DD; 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. Section 212Establishes a 10-year statute of limitations within which legal actions must be commenced for possession necessary to recover real property, annulment of letters patent, to redeem from a mortgage, and to recover under an affidavit of support of an alien. New York State and Local Retirement System (NYSLRS), New York State Budget Analysis and Financial Reporting, New York City Economic and Fiscal Monitoring, VII. 2000e-5, 2000e-17, and the Americans With Disabilities Act (ADA), 42 U.S.C. Use the left-hand menu on this page to access specific retention and The statute } Historical Records Theft Prevention and Response, Local Government Records Management Improvement Fund, New York Code, Rules and Regulations (NYCRR), Exceptions to Applying Retention Periods Indicated in Schedule, State Government Records Law (Section 57.05), Family Educational Rights and Privacy Act (FERPA). There are certain types of records, types of entities, or situations where it is inappropriate to use the LGS-1. Tell us more about you to receive content related to your area or interests. %PDF-1.6 % These laws and regulations provide guidance on how to develop policies and procedures to ensure the effectiveness and continuity of your records management program. (a) General requirements. 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. Details the responsibilities of records management officers (RMOs) and the Local Government Records Advisory Council (LGRAC). Protects the privacy of student education records. New York practitioners must keep all medical records on file for at least six years. background-color: #F79D3E; WebNew York State imposes record retention requirements concerning, among other things, wage payments, minimum wages, and hours worked. height: 35px; 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 You must also keep documents, such as canceled checks, receipts, cash register tapes, purchase orders, and other sales records to support your business records. 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. 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. 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. Copies of all correspondence related to fiscal matters. 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. 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. (9) All orders for controlled substances shall be carried out in accordance with provisions of Part 80 of this Title. .form-item-search-block-form button { Records for real property and equipment acquired with Federal funds must be retained for 3 years after final disposition. Each format cross references the unique schedule item numbers of the. 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. Sorry, you need to enable JavaScript to visit this 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. .form-item-search-block { Rule 4518Allows the admissibility of original records in court, including electronic records, when made in the regular course of business. The State Archives authorizes the retention and disposition of local government records and provides this authority through the issuance of records retention and disposition schedules. (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. height: 50px; .form-item-search-block-form button { The New York State Office of the State Comptroller's website is provided in English. height: 35px; float: left; 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. .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. height: 50px; 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. float: left; State Government Records Law and Regulations. .form-item-search-block { This 2022 edition should be used in place of the previous version of. border: 1px solid #E7E4DD; 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. 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. If you rely on information obtained from Google Translate, you do so at your own risk. Sign up online or download and mail in your application. background-color: #F79D3E; border: 1px solid #E7E4DD; WebRECORDS RETENTION AND DISPOSITION SCHEDULE This schedule governs the retention of the records of the Office of the Governor. Get the facts about the COVID-19 vaccine. width: 100%; 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. color: white; Site Index | Career Opportunities| Contact Us | Privacy and Links Policies | Regulations | Accessibility | FOIL | Webcasts. Rule 4521Establishesthe means by whichpublic officials can indicate the lack or non-existence of a particular record. 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. New York State Historical Records Advisory Board. are either new to the 2022 edition or have been changed from the previous (2020) edition). New York State and Local Retirement System (NYSLRS), New York State Budget Analysis and Financial Reporting, New York City Economic and Fiscal Monitoring, IX.3 Establish & Maintain Federal Grants in SFS for Non-Onboarding Agencies, IX.3 Overview - Establish & Maintain Federal Grants in SFS for Non-Onboarding Agencies, IX.3.A Establish & Maintain Federal Grants in SFS for Non-Onboarding Agencies - Pre-Award Spending Projects, IX.4 Establish & Maintain Federal Grants in SFS for Onboarding Agencies, IX.5 Federal Billing & Invoicing Overview, IX.5.A Billing for Non-Onboarding Agencies, IX.6.C Automated Standard Application for Payments (ASAP), IX.7 State Accounting and Reporting Overview, IX.7.C Fringe Benefits and Indirect Costs, IX.7.H Federal Funding Accountability and Transparency Act (FFATA), IX.8.B Interest on Advance Payments to Vendors, IX.8.D Electronic Refund Payments to the U.S. HHS, IX.9 Administrative Recoveries - Transfers to Other Funds, IX.10.A Federal Treasury Offset Program (TOP) Purpose and Scope, IX.10.B Federal Treasury Offset Program (TOP) Background, IX.10.C Federal Treasury Offset Program (TOP) Agency Responsibilities, IX.11.A Single Audit Act Accounting and Reporting Requirements, IX.11.B Federal Program Information Act of 1977 (As Amended), IX.12 Cash Management Improvement Act (CMIA), IX.12.E Specific Programs Subject to CMIA, IX.12.I Updated and Expanded CMIA Regulations, IX.4.J State Requirements in Support of CMIA Implementation, IX.12.N Fund Availability and Interest Liability, IX.12.P Annual Schedule of Expenditures of Federal and Non-Cash Awards, IX.12.Q Annual CFDA Confirmation for Schedule of Expenditures of Federal and Non-Cash Awards, IX.12.R Major Federal Programs Subject to CMIA Agreement: SFY 2019-20, 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. Your records may be in paper or electronic format, or To locate the commonly cited Laws of New York: The summaries below do not describe all situations covered by the referenced section of law. (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. width: 100%; You must be able to compare records from one time period (such as month, quarter, or year) with records from another period. }, New York State Historical Records Advisory Board. border: 1px solid #E7E4DD; 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 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). height: 35px; 1. Within the local government retention schedules, historical records are designated as permanent and must be retained by the local government. Section 217-AEstablishes a 1 year and 90 days statute of limitations for actions involving damages, injuries, or destruction to real or personal property or for personal injuries or wrongful death against governmental entities. Section 213-AEstablishes a 4-year statute of limitations within which legal actions must be commenced for residential rent overcharge. (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. } Any other information that may be deemed relevant in an audit. Under ADEA recordkeeping requirements, employers must also keep all payroll records for three years. State agency retention schedules indicate that records with long-term historical value must be transferred to the State Archives following the Procedures for Transferring Records to the New York State Archives. color: white; WebThe act provides a framework for the use and retention of electronic records in three basic steps. New York State Historical Records Advisory Board. Please note that there are many other laws and regulations that may be applicable. 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. height: 50px; 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. background-color: #F79D3E; This law replaced the Patriot Act, which expired in 2015. The State Archives provides access to this schedule in a number of formats. All entries shall be legible and complete and shall be authenticated by the person entering, ordering or completing such action. 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