new york state record retention guidelines

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 Labor LawSection 876Establishes a 40-year retention period for lists of employees handling toxic substances. }, 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. Tell us more about you to receive content related to your area or interests. 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. 2000e-5, 2000e-17, and the Americans With Disabilities Act (ADA), 42 U.S.C. 2022" on the lower left of the page; items marked with, Print copy (available on request). (5) The hospital shall have a system of coding and indexing medical records. } 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. 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. Rule 4539Also called the best evidence rule. .form-item-search-block-form input#search_box { (4) Safeguards to ensure security and confidentiality shall include but not be limited to: (i) the assignment, as appropriate, of a unique identifier that is assigned in a confidential manner; (ii) the certification in writing by the hospital's designee and the user that each identifier assigned is confidential and is available and accessible only to the person authorized to use the electronic or computer authentication system; (iii) policies and procedures to ensure the security of electronic or computer equipment from unwarranted access; (iv) policies and procedures that restrict access to information and data to those individuals who have need, reason and permission for such access; and. cursor: pointer; 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. (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. Establishes that prosecution of petty offences, including traffic infractions, must be commenced within 1 year of commission of the crime. Details the responsibilities of records management officers (RMOs) and the Local Government Records Advisory Council (LGRAC). Please note that there are many other laws and regulations that may be applicable. float: left; 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]. float: left; 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. Copies of all correspondence related to fiscal matters. Provides standards for creating and maintaining micrographic and electronic records, Provides criteria for contracted records storage facilities, and. float: left; 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. Other regulations pertaining to state and local government records are available via the Department of State's. (e) General Retention and Disposition Schedule for New York State } For more information contact your Records Advisory Officer (RAO) or recmgmt@nysed.govfor assistance. Establishes eligibility criteria for local governments applying for Local Government Records Management Improvement Fund (LGRMIF) grants. Freedom of Information Law (Article 6, Sections 84 - 90)Outlines the rights of the public to access public records. There are certain types of records, types of entities, or situations where it is inappropriate to use the LGS-1. width: 100%; WebThe act provides a framework for the use and retention of electronic records in three basic steps. Sign up online or download and mail in your application. Disposition means the disposal of a record by (1) destruction, (2) transfer to an archival repository, or (3) transfer to another government or organization. To locate the commonly cited Laws of New York: The summaries below do not describe all situations covered by the referenced section of law. Rule 4521Establishesthe means by whichpublic officials can indicate the lack or non-existence of a particular record. 405.10 Medical records. float: left; (6) The hospital shall ensure the confidentiality of patient records. 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. (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. Review the referenced section in full when considering appropriate retention 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). 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. 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. 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 The New York State Archives is part of the Office of Cultural Education, an office of the New York State Education Department. (b) Content. Section 217Establishes a 4-month statute of limitations for actions against the action or inaction of an administrative agency or officer and public sector labor unions for breach of the duty of fair representation. GET to KnowNew York State ComptrollerThomas P. DiNapoli. .form-item-search-block-form button { Personal Privacy Protection Law (Article 6-A, Sections 91 - 99)Applies to state agencies. 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. Copies of grant expenditure and disbursement records. hSKSQ?7}[OylQDA/s5"do)b*eoQZx"4h#Ho_}xss9{. WebFederal Record Retention Requirements The following chart includes federal requirements for record-keeping and retention of employee files and other employment-related records. 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. background-color: #F79D3E; 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: 50px; You must also keep documents, such as canceled checks, receipts, cash register tapes, purchase orders, and other sales records to support your business records. border: 1px solid #E7E4DD; }. padding-left: 20px; Section 110 of Workers' Compensation Law requires that a record of all injuries and occupational illnesses be retained for a minimum of 18 years. hbbd```b``UqrD2H&" `YS`"z@#+Xx6 \`>$ ;3012.H? "b Retention requirements relating to non-government records may, however, be found in certain state or federal laws or in contractual agreements. float: left; In addition, critical SFS attachment guidance can be found inChapter XIV, Section 9 Statewide Financial System Imaging and Attachment Guidanceof this Guide. To assist you, we offer detailed recordkeeping guides for several taxes and credits. border: 1px solid #E7E4DD; background-color: #F79D3E; .form-item-search-block { 20723 Six years from end of height: 35px; Sections 175.20and175.25Addresses the tampering of public records in the second and first degrees. height: 35px; If an employee is involuntarily terminated, his/her personnel records must be retained for one year from the date of termination. The New York State Archives is part of the Office of Cultural Education, an office of the New York State Education Department. WebSchedule for New York Local Government Records (LGS1)-, which supersedes and replaces the CO-2, MU-1, MI-1, and ED-1 Schedules. border: 1px solid #E7E4DD; padding-left: 20px; width: 100%; State Government Records Law and Regulations. 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. Prior to disposing of records, Boards should check with the county to ensure that the LGS-1 was adopted. Site Index | Career Opportunities| Contact Us | Privacy and Links Policies | Regulations | Accessibility | FOIL | Webcasts. height: 35px; Rule 4540Establishesthe means by whichpublic officials can authenticate copies of public records. Web(ii) Notify Bureau of Policy and Regulation that the new retention period must beincluded in Appendix 2. Contractors certified payrolls must be retained for 5 years pursuant to Section 220 (3-a) of Labor Law. Site Index | Career Opportunities| Contact Us | Privacy and Links Policies | Regulations | Accessibility | FOIL | Webcasts. (v) the implementation of an audit capability to track access by users. (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. 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. 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. 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. Non-election records maintained by County Boards of Elections may be disposed following the LGS-1. 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. Federal regulations (29 CFR 825.500)require employers to retain FMLA records for a minimum of 3 years. Section 441.317 - Sub-acute care services. Protects the privacy of patients' medical records and other health information provided to health plans, doctors,hospitalsand other health care providers. %%EOF float: left; Use the left-hand menu on this page to access specific retention and 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. WebUnless otherwise specified, agencies must retain documentation supporting Travel and Expense transactions for a minimum of six years from the payment date, according to the color: white; color: white; width: 100%; height: 35px; 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. background-color: #F79D3E; height: 35px; If you rely on information obtained from Google Translate, you do so at your own risk. padding-bottom: 10px; However, the "Google Translate" option may help you to read it in other languages. 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. 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. First, it generally recognizes that electronic records are as legally effective, valid and enforceable as paper writings, with certain exceptions. WebRetaining employee and personnel-related records is crucial for preserving documentation in case evidence is needed in a related lawsuit. Get the facts about the COVID-19 vaccine. padding-bottom: 10px; height: 50px; Document retention must be in full compliance with all applicable state and federal laws, rules and regulations. }, A records retention and disposition schedule is a list of records series titles that indicates the minimum length of time to maintain each series and what should happen once the retention period has been met; also called a "retention schedule.". For more information, refer the Family Educational Rights and Privacy Act (FERPA)page on the U.S. Department of Education website. 3386 0 obj <>stream Section 214-AEstablishes a 2 year and 6 months statute of limitations within which legal actions must be commenced for medical, dental, or podiatric malpractice. color: white; Todays regulations and guidelines for document retention across many different industries has become much more stringent in the past few years. Records for real property and equipment acquired with Federal funds must be retained for 3 years after final disposition. 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 .form-item-search-block-form button { 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). 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. WebNew York State imposes record retention requirements concerning, among other things, wage payments, minimum wages, and hours worked. For a complete and detailed list, refer to Exceptions to Applying Retention Periods Indicated in Schedule. 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