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. Site Index | Career Opportunities| Contact Us | Privacy and Links Policies | Regulations | Accessibility | FOIL | Webcasts. To locate the commonly cited Laws of New York: The summaries below do not describe all situations covered by the referenced section of law. The IRS may also request specific information regarding employees if they are being audited. You must be able to compare records from one time period (such as month, quarter, or year) with records from another period. padding-right: 20px; (a) General requirements. 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. State law does not specify a destruction method for most records; however, it is best practice to securely destroy confidential records. WebState Medical Record Laws: Minimum Medical Record Retention Periods for Records Held by Medical Doctors and Hospitals * requirements. Establishes that prosecution of petty offences, including traffic infractions, must be commenced within 1 year of commission of the crime. Several rules were amended in 2006 to clarify the process of electronic records discovery, as well as theobligations of litigating parties in discovery actions. color: white; 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. For more information, refer to the Health Information Privacy page on the U.S. Department of Health and Human Services website. border: 1px solid #E7E4DD; GET to KnowNew York State ComptrollerThomas P. DiNapoli. 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 This law replaced the Patriot Act, which expired in 2015. .form-item-search-block-form input#search_box { 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. float: left; This system shall identify those categories of practitioners and personnel who are authorized to utilize electronic or computer authentication systems. Your records may be in paper orelectronic format, or both. Suggested Retention Duration for Select Personnel Records Other Documents 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. If you rely on information obtained from Google Translate, you do so at your own risk. Use the left-hand menu on this page to access specific retention and The Office of the State Comptroller does not warrant, promise, assure or guarantee the accuracy of the translations provided. cursor: pointer; background-color: #F79D3E; }, New York State Historical Records Advisory Board. border: 1px solid #E7E4DD; 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). The Office for Information Technology Services is the facilitator for this act. Section 441.317 - Sub-acute care services. For more information contact your Records Advisory Officer (RAO) or recmgmt@nysed.govfor assistance. Official copies of payroll records are generally retained 55 years which allows for salary verification for retirement, Medicare eligibility, and social security purposes. float: left; height: 50px; Historical Records Theft Prevention and Response, Local Government Records Management Improvement Fund, Social Services/Welfare/Poor Relief (Other Than County), Local Government Retention Schedule LGS-1, Local Government Retention Schedule Database and Spreadsheet Instructions, LGS-1 Records Common in Fire Districts (updated 2022), Printable PDF of List of Revisions to the LGS-1 (2020 & 2022), Printable PDF (updated pages are marked "Rev. Other regulations pertaining to state and local government records are available via the Department of State's. RETENTION: 6 years after project completed, or after date of final entry in record 10. Section 6530.32Rules of the Board of Regents. The New York State Archives is part of the Office of Cultural Education, an office of the New York State Education Department. For more information on developing a collecting policy, see theArchives Management webpage. Non-election records maintained by County Boards of Elections may be disposed following the LGS-1. The policy requires a Records Management Officer at each location, and states as follows: Rule 4539Also called the best evidence rule. 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). 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. Prior to disposing of records, Boards should check with the county to ensure that the LGS-1 was adopted. height: 35px; 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. padding-bottom: 10px; border: 1px solid #E7E4DD; Personal Privacy Protection Law (Article 6-A, Sections 91 - 99)Applies to state agencies. 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. (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. 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. Rule 4521Establishesthe means by whichpublic officials can indicate the lack or non-existence of a particular record. (5) The hospital shall have a system of coding and indexing medical records. 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. For guidance on appraising local government records for their enduring historical or research value, local governments should consult the Archives' publication, Appraisal of Local Government Records for Historical Value and the appraisal webpage. height: 35px; padding-left: 20px; Under the New York State Labor Law, you must maintain accurate payroll records for at least six years. width: 100%; 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. 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. Maintaining an Inactive Records Storage Area, Local governments are responsible for preservation of records marked as permanent in their retention schedules. height: 50px; 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. 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. } 0 border: 1px solid #E7E4DD; 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. }. .form-item-search-block-form input#search_box { 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. Protects the privacy of student education records. width: 15%; padding-right: 20px; 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. Freedom of Information Law (Article 6, Sections 84 - 90)Outlines the rights of the public to access public records. 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. width: 15%; 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. (v) the implementation of an audit capability to track access by users. All entries shall be legible and complete and shall be authenticated by the person entering, ordering or completing such action. Unrelated matters are often grouped together by length of statute of limitations. Review the referenced section in full when considering appropriate retention requirements. float: left; LAW 6530; N.Y. COMP. 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. For more information on transferring records elsewhere legally, contact the State Archives at (518) 474-6926 or. padding-left: 20px; Facts: height: 35px; 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. float: left; cursor: pointer; If you rely on information obtained from Google Translate, you do so at your own risk. padding-left: 20px; .form-item-search-block { border: 1px solid #E7E4DD; 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 . The New York State Archives is part of the Office of Cultural Education, an office of the New York State Education Department. For more information, refer tothe Federal Rules for Civil Procedure, available on the Cornell Law School website. width: 85%; t;l,u"[-R592%'\[VunfX<13f^v5 UgJORWS|vsBCN7f,}8Lh L{7rEVmQ9$WkTS[HwRBc{+_jYaLME.bENRqA9f-54[. 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 use of copies is permitted whether the originals exist or not. .form-item-search-block-form button { Please note that there are many other laws and regulations that may be applicable. 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. Establishes that prosecution for other felonies must be commenced within 5 years of commission of the crime. Rule 4518Allows the admissibility of original records in court, including electronic records, when made in the regular course of business. 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. 12111, the following float: left; This statute has broad implications and requires retention of many records series long enough to protect the legal rights of minors. 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 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. (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. WebSchedule for New York Local Government Records (LGS1)-, which supersedes and replaces the CO-2, MU-1, MI-1, and ED-1 Schedules. height: 35px; New York practitioners must keep all medical records on file for at least six years. 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. width: 85%; 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. (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. The New York State Archives is part of the Office of Cultural Education, an office of the New York State Education Department. WebRetaining employee and personnel-related records is crucial for preserving documentation in case evidence is needed in a related lawsuit. 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 a complete and detailed list, refer to Exceptions to Applying Retention Periods Indicated in Schedule. 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. color: white; Google Translate cannot translate all types of documents, and it may not give you an exact translation all the time. Chart of Recordkeeping Requirements The following chart outlines some of the more common records and the current federal and New York State requirements for The are records of an employees hours worked, gross wages, deductions, and net wages. 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 appears that your web browser does not support JavaScript, or you have temporarily disabled scripting. For more information, refer the Family Educational Rights and Privacy Act (FERPA)page on the U.S. Department of Education website. hSKSQ?7}[OylQDA/s5"do)b*eoQZx"4h#Ho_}xss9{. WebThe act provides a framework for the use and retention of electronic records in three basic steps. padding-bottom: 10px; (b) Content. background-color: #F79D3E; padding-right: 20px; Use the left-hand menu on this page to access specific retention and disposition schedules and related information. 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, 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. [501] System operational records of original entry created in non-automated system or used for data entry or verification, where significant information is data entered or posted to reports and other summary records, including but not limited to color: white; Section 110 of Workers' Compensation Law requires that a record of all injuries and occupational illnesses be retained for a minimum of 18 years. } } height: 50px; (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 %PDF-1.6 % It can be difficult to keep track of all the regulations when it comes to record retention. To assist you, we offer detailed recordkeeping guides for several taxes and credits. 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). Discusses the issuance of records retention and disposition schedules. You must also keep documents, such as canceled checks, receipts, cash register tapes, purchase orders, and other sales records to support your business records. Disposition is the final action in the records lifecycle and occurs when a record satisfies its retention period as noted on a retention schedule. .form-item-search-block-form button { 1. New York State Historical Records Advisory Board. Codes R. and Regs. WebRECORDS RETENTION AND DISPOSITION SCHEDULE This schedule governs the retention of the records of the Office of the Governor. 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. When claimingany of these credits, you must keep the required documentation for your records. 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). .form-item-search-block { Establishes that prosecution for misdemeanors must be commenced within 2 years of commission of the crime. New York State Historical Records Advisory Board. 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 height: 35px; border: 1px solid #E7E4DD; border: 1px solid #E7E4DD; height: 50px; WebNew York State imposes record retention requirements concerning, among other things, wage payments, minimum wages, and hours worked. Organizations may use the State Archives sample records destruction authorization form; state agencies may save a copy of the records disposition notice received from the State Records Center. 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 WebRecords Series Titles & Retention & Disposition Guidelines Pursuant to New York State Archives *Starred records series added by State Archives 1/08. (6) The hospital shall ensure the confidentiality of patient records. 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. float: left; WebFederal Record Retention Requirements The following chart includes federal requirements for record-keeping and retention of employee files and other employment-related records. height: 35px; This 2022 edition should be used in place of the previous version of. WebState Archives records retention and disposition schedules do not cover non-government records, including the records of non-profit organizations, commercial ventures, and float: left; (e.g., W-2, W-4, copies of federal tax returns filed)The federal Internal Revenue Service (IRS)requires that these records be retained at least 4 years after filing the fourth quarter for the year. TSB-M-09(12)C, (12)I, (11)M, (4)MCTMT, (8)R, (17)S. Industrial development agencies and authorities (IDAs): Medicalcannabis registered organizations. Years of commission of the previous version of Archives at ( 518 ) 474-6926 or the.... 1 year of commission of the crime Law School website '' 4h # Ho_ } xss9.! May also request specific information regarding employees if they are being audited date of final entry in record.. Article 6, Sections 84 - 90 ) Outlines the rights of the version. That may be applicable: Minimum Medical record Laws: Minimum Medical retention. 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