New York State and Local Retirement System (NYSLRS), New York State Budget Analysis and Financial Reporting, New York City Economic and Fiscal Monitoring, VII. These laws and regulations provide guidance on how to develop policies and procedures to ensure the effectiveness and continuity of your records management program. (v) the implementation of an audit capability to track access by users. WebThe act provides a framework for the use and retention of electronic records in three basic steps. 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 height: 35px; } Section211Establishes a 20-year statute of limitations within which legal actions must be commenced for bonds; money judgments; by state for real property; by grantee of state for real property; and for support, alimony, or maintenance. width: 15%; Personal Privacy Protection Law (Article 6-A, Sections 91 - 99)Applies to state agencies. Rule 4521Establishesthe means by whichpublic officials can indicate the lack or non-existence of a particular record. The hospital shall have a department that has administrative responsibility for medical records. 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. As a New York State business owner, you are required to keep recordsthat allow you to prepare complete and accurate tax returns for your business. 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. } 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). 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. color: white; Establishes that prosecution of petty offences, including traffic infractions, must be commenced within 1 year of commission of the crime. background-color: #F79D3E; (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. This system shall identify those categories of practitioners and personnel who are authorized to utilize electronic or computer authentication systems. background-color: #F79D3E; float: left; width: 100%; 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. This 2022 edition should be used in place of the previous version of. } 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). float: left; The New York State Archives is part of the Office of Cultural Education, an office of the New York State Education Department. 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. Disposition is the final action in the records lifecycle and occurs when a record satisfies its retention period as noted on a retention schedule. New York State Historical Records Advisory Board. (a) General requirements. float: left; The New York State Archives is part of the Office of Cultural Education, an office of the New York State Education Department. New York State Historical Records Advisory Board. }. padding-bottom: 10px; 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. float: left; color: white; This use of copies is permitted whether the originals exist or not. It can be difficult to keep track of all the regulations when it comes to record retention. 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. } (3) The hospital shall ensure that all medical records are completed within 30 days following discharge. Each format cross references the unique schedule item numbers of the. height: 50px; Web(ii) Notify Bureau of Policy and Regulation that the new retention period must beincluded in Appendix 2. For more information, refer to Public Law 11423June 2, 2015. The New York State Archives is part of the Office of Cultural Education, an office of the New York State Education Department. height: 50px; There are certain types of records, types of entities, or situations where it is inappropriate to use the LGS-1. .form-item-search-block-form button { width: 85%; 1. 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 Amendments enacted in 2008 clarify issues that govern access to electronic records. color: white; 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. 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 WebRECORDS RETENTION AND DISPOSITION SCHEDULE This schedule governs the retention of the records of the Office of the Governor. padding-right: 20px; width: 15%; The New York State Archives is part of the Office of Cultural Education, an office of the New York State Education Department. } 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 padding-bottom: 10px; (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. Any other information that may be deemed relevant in an audit. border: 1px solid #E7E4DD; 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. Codes R. and Regs. border: 1px solid #E7E4DD; }, New York State Historical Records Advisory Board. (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. Section 6530.32Rules of the Board of Regents. 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 input#search_box { (e) General Retention and Disposition Schedule for New York State 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. 14 NYCRR 599.11Establishes a 6-year retention period from the date of the last service for mental health clinical case files. Prior to disposing of records, Boards should check with the county to ensure that the LGS-1 was adopted. } } Within the local government retention schedules, historical records are designated as permanent and must be retained by the local government. Generally, you must keep records and supporting documents for at least three years after you file a return. 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, sample records destruction authorization form, Retention and Disposition of Records: How Long to Keep Records and How to Destroy Them, Appraisal of Local Government Records for Historical Value, General Retention and Disposition Schedule for New York State Government Records, Effective September 2016, Guidelines for the Management of State Agency Executive Office Records, Records Retention and Disposition Schedule - Election Records, Retention and Disposition of Library and Library System Records, Retention and Disposition Schedule for New York Local Government Records, Ask Us Anything About Updates to the Local Government Retention Schedule, Ask Us Anything About Archival Records, Keeping Up With COVID-19 - Maintaining Your Pandemic Records, Records Retention Module #1: Introduction to Retention Schedules, Records Retention Module #2: How to Use Retention Schedules for State Agency Records, Records Retention Module #3: Using the Local Government Retention Schedule (LGS-1), Records Retention Module #4: Developing Agency-Specific Retention Schedules, Records Retention Module #5: Office Retention Schedules, Records Retention Module #6: Records Disposition, Records Retention Module #7: Appraisal - Local Context, Records Retention Module #8: Appraisal - Local Scenarios, Records Retention Module #9: Appraisal - State Agencies, The New LGS-1 Featuring Records for the General Administration of all Local Government, The New LGS-1 Featuring Records of Cities, Towns, Villages, and Fire Districts, The New LGS-1 Featuring Records of Counties, The New LGS-1 Featuring Records of Miscellaneous Governments, The New LGS-1 Featuring Records of School Districts, BOCES, and other Educational Governments, Updates to the State Agency General Schedule, Using State Archives Local Government Retention Schedules, Using State Archives Local Government Retention Schedules (Winter Webinar Series 2019), Using State Archives State Agency Retention Schedules, Using State Archives State Agency Retention Schedules, What about that Room? 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). float: left; .form-item-search-block-form input#search_box { Several rules were amended in 2006 to clarify the process of electronic records discovery, as well as theobligations of litigating parties in discovery actions. 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 You must be able to compare records from one time period (such as month, quarter, or year) with records from another period. 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). Legible and signed facsimile orders may be accepted and shall be filed in the patient medical records. 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. padding-left: 20px; float: left; 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). For more information, refer to the Health Information Privacy page on the U.S. Department of Health and Human Services 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. 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. 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. 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