The State Archives is unable to provide technical support regarding the use and modification of the MS Excel worksheets or MS Access database. Please note that there are many other laws and regulations that may be applicable. 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. } width: 85%; If you rely on information obtained from Google Translate, you do so at your own risk. by Practical Law Labor & Employment Law stated as of 01 Jun 2022 New York A Chart of the record retention requirements associated with major New York state Records that are the subject of a legal action or audit must be retained for the entire period of the action or audit even if their retention period has passed. border: 1px solid #E7E4DD; 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. Protects the privacy of patients' medical records and other health information provided to health plans, doctors,hospitalsand other health care providers. The CO-2, MU-1, MI-1, and ED-1 Schedules, were superseded by the LGS-1 on January 1, 2021 and are no longer legally valid for disposition of records. 8 NYCRR 29.2Establishes 6-year retention period for health records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. width: 100%; 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. Copies of grant expenditure and disbursement records. float: left; padding-right: 20px; border: 1px solid #E7E4DD; Page 1 DRAFT Title Number Federal Internal Revenue Service (IRS) guidelines concerning issuance of tax-exempt bonds. For more information, refer tothe Federal Rules for Civil Procedure, available on the Cornell Law School website. This Google translation feature is provided for informational purposes only. 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). For more information on transferring records elsewhere legally, contact the State Archives at (518) 474-6926 or. Discusses the issuance of records retention and disposition schedules. padding-left: 20px; 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. Section 441.320 - Teaching program (approved), Section 441.321 - Teaching program (nonapproved), Part 442 - Reporting Principles And Concepts, Section 442.12 - Matching of revenue and expenses, Section 442.13 - Deductions from operating revenue, Section 442.15 - Long-term security investments, Section 442.18 - Accounting for property, plant and equipment, Section 442.23 - Debt financing for plant replacement and expansion purposes, Section 442.24 - Direct assignment of costs, Section 442.25 - Hospital research and education costs, Section 442.26 - In-service education--nursing, Section 442.27 - In-service education--nonnursing, Section 442.29 - Periodic interim payments, Section 443.2 - Functional and responsibility concepts, Section 443.4 - Listing of accounts--balance sheet, Section 443.5 - Listing of accounts--income statement, Section 443.6 - Small hospital reduced reporting requirements, Section 443.7 - Natural classification of revenue, Section 443.8 - Natural classification of expense, Section 444.2 - Unrestricted Fund assets, Section 444.4 - Unrestricted fund liabilities, Section 444.5 - Restricted fund liabilities, Section 444.8 - Operating revenue accounts--general, Section 444.9 - Operating revenue--daily hospital services, Section 444.10 - Operating revenue--ambulatory services, Section 444.11 - Operating revenue--ancillary services, Section 444.12 - Operating revenue--other operating revenue, Section 444.13 - Operating revenue--deductions from revenue, Section 444.14 - Patient revenue account descriptions, Section 444.15 - Other operating revenue account descriptions, Section 444.16 - Deductions from revenue account descriptions, Section 444.17 - Operating expenses--general, Section 444.18 - Daily hospital services expenses description, Section 444.19 - Ambulatory services expenses description, Section 444.20 - Ancillary services expenses description, Section 444.21 - Other operating expenses description, Section 444.22 - Non-operating revenue and expenses description, Section 444.23 - Natural classification of expense, Section 445.2 - Job titles by natural classification index, Section 445.3 - Supplies and services by natural expense classification index, Section 446.2 - Reclassification for reporting purposes, Section 446.3 - Reclassification for cost finding purposes, Section 446.4 - Alternative cost allocation bases--sequence of allocation, Section 446.5 - Recommended cost allocation bases--listing, Section 446.6 - Definitions and sources of statistics for Medicaid cost allocation, Section 446.7 - Description of other New York State supplemental data, Section 446.8 - Definitions and sources of statistics for Medicaid cost allocation, Section 446.9 - Expense detail reporting, Section 446.10 - Identification of supplemental data, Section 446.12 - Accommodation classification, Section 446.14 - Changes in certified bed capacity, Section 446.16 - Source of payment defined, Section 446.17 - Gross charges by source of payment, Section 446.18 - Patient days by source of payment, Section 446.19 - Discharges by source of payment, Section 446.20 - Ambulatory visits by source of payment, Section 446.21 - Direct admissions from emergency room, Section 446.22 - Inpatient care statistics by unit, Section 446.23 - Ambulatory care statistics, Section 446.25 - Home medical care program, Section 446.26 - Organized Drug Addiction Program, Section 446.27 - Organized alcoholic treatment program, Section 446.28 - Selected special service statistics, Section 446.30 - Cost allocation adjustments, Section 446.36 - Supplemental data for both upstate and downstate Blue Cross plans, Section 446.37 - Cost allocation adjustments, Section 446.38 - Funded depreciation calculation, Section 446.39 - Funded depreciation waiver, Section 446.41 - Hospital-based home health agencies, Section 446.44 - Program services for supplemental data, Part 447 - Standard Unit Of Measure References, Section 447.3 - Neurology--Diagnostic Services, Section 447.4 - Physical therapy services, Section 447.5 - Occupational Therapy Services, Section 448.1 - Specifications for cost reporting periods beginning in 1980. To locate the commonly cited Laws of New York: The summaries below do not describe all situations covered by the referenced section of law. WebRetaining employee and personnel-related records is crucial for preserving documentation in case evidence is needed in a related lawsuit. 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 It issues retention schedules for both types of governments. 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. The Archives retention schedules generally apply to records regardless of the format or media in which they exist, including electronic records. For more information, refer to the Archives' page on requesting early destruction of records. 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. } height: 50px; border: 1px solid #E7E4DD; 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? If you would like to read the laws in New York pertaining to medical record retention yourself, visit these links: N.Y. EDUC. } 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 2. Outlines the rules used to govern civil procedures in United States district courts. width: 15%; Federal regulations (29 CFR 825.500)require employers to retain FMLA records for a minimum of 3 years. Document retention must be in full compliance with all applicable state and federal laws, rules and regulations. }. This use of copies is permitted whether the originals exist or not. Rule 4539Also called the best evidence rule. It appears that your web browser does not support JavaScript, or you have temporarily disabled scripting. 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). 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. float: left; width: 15%; float: left; 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. 11, 243.0-243.3 (1996) (Regulation 152), entitled "Standards of Records Retention by Insurance Companies", establishes the minimum Federal Occupational Safety and Health Administration (OSHA) regulations29 CFR 1910.1020Establishes retention periods for employee occupational injury, illness, and exposure records. padding-right: 20px; Among its provisions, the act imposes limits on the bulk collection by federal intelligence agencies of telecommunication metadata on U.S. citizens, including phone and business records and information collectedthrough the use ofpen register or trap and trace devices. 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. (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. 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. The New York State Archives is part of the Office of Cultural Education, an office of the New York State Education Department. padding-right: 20px; 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. 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. 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. 1. 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. border: 1px solid #E7E4DD; Facts: 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. 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. Contractors certified payrolls must be retained for 5 years pursuant to Section 220 (3-a) of Labor Law. CODES R. & REGS. padding-right: 20px; (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. You must have JavaScript enabled to use this form. First, it generally recognizes that electronic records are as legally effective, valid and enforceable as paper writings, with certain exceptions. If an employee is involuntarily terminated, his/her personnel records must be retained for one year from the date of termination. .form-item-search-block-form button { (c) Authentication of medical records, record entries and medical orders. (3) The hospital shall ensure that all medical records are completed within 30 days following discharge. 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. Under the New York State Labor Law, you must maintain accurate payroll records for at least six years. Other laws pertaining to state or local government records can be accessed by following the links, which lead directly to the New York State Senate's website. Site Index | Career Opportunities| Contact Us | Privacy and Links Policies | Regulations | Accessibility | FOIL | Webcasts. height: 35px; WebState Archives records retention and disposition schedules do not cover non-government records, including the records of non-profit organizations, commercial ventures, and 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 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. (e.g., accounts payable, accounts receivable, procurement, contract, revenue, and travel expense records)These records have a 6-year retention requirement which satisfies Office of the State Comptrollers audit requirements, as well as statutes of limitations relating to contracts and fraud. The State Archives has authority over the retention and disposition of local government and state agency records. If you rely on information obtained from Google Translate, you do so at your own risk. 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. float: left; 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. 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). Section 216Abbreviates statute of limitations to 1 year after notice for actions to recover money and property. 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. float: left; Sorry, you need to enable JavaScript to visit this website. width: 100%; (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. 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