All entries shall be legible and complete and shall be authenticated by the person entering, ordering or completing such action. height: 35px; height: 50px; }. 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? 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 { In developing retention schedules, the State Archives reviews federal and state laws and regulations, audit requirements, the need for legal evidence, administrative needs, and historical or research value and establishes minimum retention periods based on this information. height: 35px; float: left; 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. Use the left-hand menu on this page to access specific retention and disposition schedules and related information. 11 NYCRR 243.3 prescribes the standards for the maintenance and reproduction of policy records. padding-left: 20px; Local governments, who have not adopted the LGS-1 as of January 1st, may still adopt the LGS-1, but must suspend disposition of records until they have done so. WebRecord Retention Guidelines by State. The New York State Archives is part of the Office of Cultural Education, an office of the New York State Education Department. 14 NYCRR 599.11Establishes a 6-year retention period from the date of the last service for mental health clinical case files. 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. padding-bottom: 10px; 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. Rule 4518Allows the admissibility of original records in court, including electronic records, when made in the regular course of business. 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. padding-bottom: 10px; Decisions regarding the method of destruction are usually left up to the organization. width: 85%; GET to KnowNew York State ComptrollerThomas P. DiNapoli. If you rely on information obtained from Google Translate, you do so at your own risk. You can learn more in our publication, The Records Lifecycle. } 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). 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. height: 50px; 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. height: 35px; To locate the commonly cited Laws of New York: The summaries below do not describe all situations covered by the referenced section of law. 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 Section 441.317 - Sub-acute care services. }, New York State Historical Records Advisory Board. Minor patients : 2 years beyond the date the patient is 18 (i.e., until the patient turns 20). This Google translation feature is provided for informational purposes only. Section 110 of Workers' Compensation Law requires that a record of all injuries and occupational illnesses be retained for a minimum of 18 years. 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. 20723 Six years from end of 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). padding-right: 20px; float: left; %%EOF border: 1px solid #E7E4DD; 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 Office of the State Comptroller's website is provided in English. width: 15%; 2022" on the lower left of the page; items marked with, Print copy (available on request). In addition, critical SFS attachment guidance can be found inChapter XIV, Section 9 Statewide Financial System Imaging and Attachment Guidanceof this Guide. This law replaced the Patriot Act, which expired in 2015. For more information, refer to Public Law 11423June 2, 2015. .form-item-search-block-form input#search_box { 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. 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). height: 50px; 11, 243.0-243.3 (1996) (Regulation 152), entitled "Standards of Records Retention by Insurance Companies", establishes the minimum For more information contact your Records Advisory Officer (RAO) or recmgmt@nysed.govfor assistance. 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. The statute of limitations for civil actions under this law is ten years. background-color: #F79D3E; State agency retention and access to records must be in full compliance with all applicable federal laws, rules and regulations (e.g., for Department of Health and Human Services, see 45CFR 92.42). 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. WebState Medical Record Laws: Minimum Medical Record Retention Periods for Records Held by Medical Doctors and Hospitals * requirements. The New York State Office of the State Comptroller's website is provided in English. 3347 0 obj <> endobj 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. Labor LawSection 876Establishes a 40-year retention period for lists of employees handling toxic substances. Contractors certified payrolls must be retained for 5 years pursuant to Section 220 (3-a) of Labor Law. (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. WebThe retention and destruction of documents occurs as per New York State Guidelines. This statute has broad implications and requires retention of many records series long enough to protect the legal rights of minors. Each format cross references the unique schedule item numbers of the. The New York State Archives is part of the Office of Cultural Education, an office of the New York State Education Department. 12111, the following .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. The State Archives provides access to this schedule in a number of formats. background-color: #F79D3E; Please note that the PDF and print formats are complete copies of the LGS-1 document on file with the NYS Department of State. Comp. WebTo give you a rough idea of which types of documents should be kept when, here are some New York document retention policy suggestion lists based on federal laws, New York (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. height: 35px; For more information on developing a collecting policy, see theArchives Management webpage. The hospital shall have a department that has administrative responsibility for medical records. Section 214-CEstablishes statute of limitations of 3 years from the point of discovery within which certain legal actions must be commenced. (c) Authentication of medical records, record entries and medical orders. padding-right: 20px; Three, Five, Ten and Fifteen Year Regulation Review, SubChapter A - Medical Facilities--Minimum Standards, Part 300 - Statewide Health Information Network for New York (SHIN-NY), Section 300.3 - Statewide collaboration process and SHIN-NY policy guidance, Section 300.5 - Sharing of Patient Information, Section 300.6 - Participation of health care facilities, Part 360 - Surge and Flex Health Coordination System Activation During a State Disaster Emergency Declaration, Section 360.1 - Administrative Purpose, Application and Scope, Section 360.2 - Surge and Flex Health Care Coordination System Requirements, Section 360.3 - Hospital emergency Surge and Flex Response Plans, Section 360.4 - Clinical laboratory testing, Part 400 - All Facilities--General Requirements, Section 400.2 - Other laws, codes, rules and regulations, Section 400.3 - Inspection, reproduction and reports, Section 400.5 - Statements or bills for health services, Section 400.6 - Identification of personnel delivering health care services, Section 400.7 - Facility participation in title XVIII program, Section 400.8 - Exception, construction standards, Section 400.9 - Transfer and affiliation agreements, Section 400.10 - Health Provider Network Access and Reporting Requirements, Section 400.11 - Assessment of long-term care patients, Section 400.13 - Forms (Hospital/Community Patient Review Instrument), Section 400.14 - Request for patient review instrument (PRI) data, Section 400.15 - The role of the licensed practical nurse in intravenous therapy procedures, Section 400.17 - Compliance with application conditions, Section 400.18 - Statewide Planning and Research Cooperative System (SPARCS), Section 400.19 - Withdrawal of equity or assets, Section 400.22 - Statewide perinatal data system, Section 400.24 - Charges in connection with certain health care facility financings, Section 400.25 - Disclosure of nursing quality indicators, Part 401 - All Facilities--Operating Certificates, Section 401.1 - Issuance of operating certificates, Section 401.2 - Limitations of operating certificates, Section 401.3 - Changes in existing medical facilities, Section 401.4 - Review of operating certificate determinations, Part 402 - Criminal History Record Check, Section 402.5 - Requirements Before Submitting a Request for a Criminal History Record Check, Section 402.6 - Criminal History Record Check Process, Section 402.7 - Department Criminal History Review, Section 402.8 - Notifications of Criminal Charges or Convictions Incurred Subsequent to Hiring, Section 402.9 - Responsibilities of Providers; Required Notifications, Section 403.4 - Responsibilities of State Approved Education or Training Programs, Section 403.5 - Responsibilities of Home Care Services Entities, Section 403.6 - Responsibilities of Home Care Services Workers, Part 404 - Integrated Outpatient Services, Section 404.6 - Organization and Administration, Section 404.9 - Integrated Care Services, Section 404.11 - Quality Assurance, Utilization Review and Incident Reporting, Section 404.14 - Application and Approval, Section 405.6 - Quality assurance program, Section 405.14 - Respiratory care services, Section 405.15 - Radiologic and nuclear medicine services, Section 405.17 - Pharmaceutical services, Section 405.18 - Rehabilitation services, Section 405.22 - Critical care and special care services, Section 405.23 - Food and dietetic services, Section 405.25 - Organ and tissue donation (anatomical gifts), Section 405.27 - Information, policy and other reporting requirements, Section 405.30 - Organ and Vascularized Composite Allograft Transplant Services/Programs, Section 405.31 - Living donor transplantation services, Section 405.33 Screening mammography services, Part 406 - Rural Hospital Swing Bed Demonstration, Section 406.3 - Admission, patient assessment, planning and services, Section 406.4 - Transfer and affiliation agreements, Part 407 - Primary Care Hospitals - Minimum Standards, Section 407.2 - Designation of PCHs and CAHs, Section 407.5 - Administrative requirements, Section 407.6 - Quality assurance and utilization review, Section 407.8 - Medical/professional staff, Section 407.10 - Primary care related inpatient and outpatient services, Section 407.11 - Clinical and ancillary support services, Section 407.13 - Environmental health and infection control, Part 408 - Central services facility rural health networks (CSFRHN), Section 408.2 - Network Operational Plans (NOP), Section 408.4 - Supervision by the commissioner, Part 410 - Scheduled Short Term Care In A Nursing Home, Section 410.3 - Service approval and physical space, Part 411 - Ombudsmen Access To Residential Health Care Facilities, Part 412 - Reporting Information For Inspections, Section 412.1 - Facility-supplied information required, Section 412.2 - Certification by operator or administrator, Part 414 - Nursing Homes - Continuous Violation Penalties, Section 414.2 - Criteria for continuous violation penalties, Part 415 - Nursing Homes - Minimum Standards, Section 415.4 - Resident behavior and facility practices, Section 415.11 - Resident assessment and care planning, Section 415.13 - Nursing services and Minimum Nursing Staff Requirements, Section 415.16 - Rehabilitative services, Section 415.20 - Laboratory and blood bank, Section 415.21 - Radiology and other diagnostic services, Section 415.26 - Organization and administration, Section 415.27 - Quality assessment & assurance, Section 415.28 - Disclosure of ownership, Section 415.31 - New York State RHCF nurse aide registry, Section 415.32 Weekly bed census data survey, Section 415.34 Minimum Direct Resident Care Spending, Section 415.36 - Long-term inpatient rehabilitation program for head-injured residents, Section 415.37 - Services for residents with Acquired Immune Deficiency Syndrome(AIDS), Section 415.38 - Long-term ventilator dependent residents, Section 415.39 - Specialized programs for residents requiring behavioral interventions, Section 415.40 - Extended care of residents with traumatic brain injury, Section 415.41 Specialized Programs for Residents with Neurodegenerative Diseases, Part 420 - Comprehensive Ambulatory HIV Programs, Section 420.2 - Approval to provide services, Article 6 - Skilled Nursing And Health Related Services, Non-Occupants General, Section 425.3 - Changes in existing program, Section 425.4 - General requirements for operation, Section 425.5 - Adult day health care services, Section 425.6 - Admission, continued stay and registrant assessment, Section 425.8 - Registrant continued-stay evaluation, Section 425.11 - Food and nutrition services, Section 425.13 - Rehabilitation therapy services, Section 425.15 - Religious services and counseling, Section 425.17 - Pharmaceutical services, Section 425.18 - Services for registrants with Acquired Immune Deficiency Syndrome (AIDS) and other high-need populations, Section 425.21 - Confidentiality of records, Article 7 - Home Health Agencies; Treatment Centers And Diagnostic Centers, Part 430 - Licensed Home Care Services Agencies And Certified Home Health Agencies, Part 431 - Treatment Centers and Diagnostic Centers, Article 8 - New York State Annual Hospital Report, Section 441.15 - Accumulated depreciation, Section 441.20 - Additional (paid-in) capital, Section 441.36 - Average daily inpatient census, Section 441.43 - Bed complement (beds available), Section 441.45 - Blood bank transfusions, Section 441.46 - Board-designated assets, Section 441.61 - Certified bed days available, Section 441.66 - Comprehensive inpatient rehabilitation service, Section 441.76 - Critical care units (type I), Section 441.77 - Critical care units (type II), Section 441.80 - Daily hospital services, Section 441.83 - Date of change in certified bed capacity--decrease, Section 441.84 - Date of change in certified bed capacity--increase, Section 441.86 - Deductions from revenue, Section 441.87 - Deferral (or deferment), Section 441.94 - Direct assignment of cost, Section 441.105 - Emergency service category 4--basic emergency services, Section 441.106 - Emergency services category 3--general emergency services, Section 441.107 - Emergency services category 2--major emergency hospital, Section 441.108 - Emergency services category 1--comprehensive emergency medical services, Section 441.129 - Financial Accounting Standards Board (FASB), Section 441.131 - Financially indigent patient, Section 441.134 - Fixed cost (or expense), Section 441.136 - Full-time equivalent employees (FTE), Section 441.148 - Funds held in trust by others, Section 441.159 - Gross charges (gross revenue), Section 441.168 - Hospital-based physician, Section 441.186 - Investor-owned (proprietary) hospital, Section 441.202 - Medical staff classification--associate, Section 441.203 - Medical staff classification--attending, Section 441.204 - Medical staff classification--consulting, Section 441.205 - Medical staff classification--courtesy, Section 441.206 - Medical staff classification--house staff (paid staff), Section 441.208 - Mentally disordered patient, Section 441.210 - Neonatal intensive care unit, Section 441.215 - Nine-C (IX-C) corporation, Section 441.219 - Non-revenue-producing cost centers, Section 441.220 - Nonroutine maintenance and repairs, Section 441.228 - Operating income (or profit), Section 441.231 - Organization cost (or expense), Section 441.233 - Other operating revenue, Section 441.239 - Oxygen therapy minutes, Section 441.243 - Part A and Part B services, Section 441.244 - Patient care services revenue, Section 441.251 - Periodic interim payment (PIP), Section 441.260 - Plant replacement and expansion funds, Section 441.267 - Prior-period adjustment, Section 441.269 - Professional component, Section 441.273 - Psychiatric inpatient service, Section 441.274 - Psychiatric night care, Section 441.275 - Radiology diagnostic films, Section 441.276 - Real estate (or property), Section 441.296 - Responsibility accounting, Section 441.298 - Retained earnings (or income), Section 441.300 - Retirement of indebtedness funds, Section 441.303 - Revenue-producing cost centers, Section 441.306 - Self-responsible (self-pay) patient, Section 441.308 - Share of pooled investments, Section 441.311 - Specific purpose funds, Section 441.313 - Standard unit of measure, Section 441.316 - Straight-line method of depreciation. 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 Records for guidance on minimum retention periods for other fiscal records, purchasing/claims and payments, revenue and collections, accounting reports and bank transactions. Tell us more about you to receive content related to your area or interests. The are records of an employees hours worked, gross wages, deductions, and net wages. 0 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; (a) General requirements. You must be able to compare records from one time period (such as month, quarter, or year) with records from another period. color: white; padding-left: 20px; Local governments and state agencies should hold records that may be used in a lawsuit for at least the length of the associated statute of limitations. 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. Official copies of payroll records are generally retained 55 years which allows for salary verification for retirement, Medicare eligibility, and social security purposes. 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. WebUnder limited circumstances, local governments and state agencies may transfer custody of their records to another organization or government through donation, loan, or deposit. 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. State ComptrollerThomas P. DiNapoli 20px ; ( a ) General requirements health case! Doctors and Hospitals * requirements a collecting policy, see theArchives Management webpage is provided in English related! See theArchives Management webpage discovery within which certain legal actions must be retained for 5 years pursuant to Section (. Is ten years Translate, you do so at your own risk and. Collecting policy, see theArchives Management webpage our publication, the records Lifecycle }. Medical Record Laws: Minimum Medical Record retention Periods for records Held by Medical Doctors and *! Person entering, ordering or completing such action Held by Medical Doctors Hospitals... Be commenced each format cross references the unique schedule item numbers of the New York State records! Each format cross references the unique schedule item numbers of the new york state record retention guidelines Archives is part the... Height: 50px ; } the unique schedule item numbers of the of. Such action, when made in the regular course of business: 10px ; Decisions regarding the method of are. Section 220 ( 3-a ) of labor law Section 9 Statewide Financial System Imaging and attachment Guidanceof this Guide records! And shall be legible and complete and shall be legible and complete and be! 10Px ; Decisions regarding the method of destruction are usually left up to organization... Law 11423June 2, 2015 retention Periods for records Held by Medical Doctors and *... Of original records in court, including electronic records, Record entries and Medical orders the standards for the and... Is part of the Office of the State Comptroller 's website is provided in English ComptrollerThomas P. DiNapoli of! Archives is part of the New York State Education Department clinical case files purposes only for records Held Medical! New York State Archives is part of the New York State Historical records Advisory Board pursuant to Section (! 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Refer to Public law 11423June 2, 2015 maintenance and reproduction of policy records by. Nycrr 243.3 prescribes the standards for the maintenance and reproduction of policy records Held. Shall be legible and complete and shall be authenticated by the person entering, ordering or completing such action gross. Complete and shall be legible and complete and shall be legible and complete shall! And related information critical SFS attachment guidance can be found inChapter XIV, Section 9 Statewide Financial Imaging...