You must also keep documents, such as canceled checks, receipts, cash register tapes, purchase orders, and other sales records to support your business records. Under ADEA recordkeeping requirements, employers must also keep all payroll records for three years. Contact us at. Prior to disposing of records, Boards should check with the county to ensure that the LGS-1 was adopted. Sign up online or download and mail in your application. This law replaced the Patriot Act, which expired in 2015. %PDF-1.6 % height: 35px; New York State Historical Records Advisory Board. Protects the privacy of patients' medical records and other health information provided to health plans, doctors,hospitalsand other health care providers. 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. height: 50px; width: 100%; padding-left: 20px; If you rely on information obtained from Google Translate, you do so at your own risk. border: 1px solid #E7E4DD; border: 1px solid #E7E4DD; padding-right: 20px; The statute First, it generally recognizes that electronic records are as legally effective, valid and enforceable as paper writings, with certain exceptions. Other government entities, non-government entities, and historical records repositories may be able to use the resources found on the Archives website to locate their retention schedules or to develop their own retention schedules. Sets procedures for the disposition of records not listed on schedules and for records rendered unusable by disasters. WebNew York State imposes record retention requirements concerning, among other things, wage payments, minimum wages, and hours worked. 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. Title VII and ADA Under Title VII of the Civil Rights Act of 1964, 42 U.S.C. padding-left: 20px; width: 85%; Establishes eligibility criteria for local governments applying for Local Government Records Management Improvement Fund (LGRMIF) grants. LAW 6530; N.Y. COMP. background-color: #F79D3E; } This 2022 edition should be used in place of the previous version of. 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. 2022" on the lower left of the page; items marked with, Print copy (available on request). width: 100%; 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. Upon request, you must make your records available to the Tax Department. width: 15%; Unrelated matters are often grouped together by length of statute of limitations. (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 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. (9) All orders for controlled substances shall be carried out in accordance with provisions of Part 80 of this Title. The Archives retention schedules generally apply to records regardless of the format or media in which they exist, including electronic records. Rule 4521Establishesthe means by whichpublic officials can indicate the lack or non-existence of a particular record. New York Medical Record Retention Statutes. 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. Federal regulations (29 CFR 825.500)require employers to retain FMLA records for a minimum of 3 years. You must have JavaScript enabled to use this form. Personal Privacy Protection Law (Article 6-A, Sections 91 - 99)Applies to state agencies. .form-item-search-block { The State Archives is unable to provide technical support regarding the use and modification of the MS Excel worksheets or MS Access database. WebThe act provides a framework for the use and retention of electronic records in three basic steps. Yes. Section 217-AEstablishes a 1 year and 90 days statute of limitations for actions involving damages, injuries, or destruction to real or personal property or for personal injuries or wrongful death against governmental entities. 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. New York State Historical Records Advisory Board. float: left; 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. Disposition is the final action in the records lifecycle and occurs when a record satisfies its retention period as noted on a retention schedule. Alcoholic beverages tax (ABT): Sales and distribution, Recordkeeping Requirements - Highway Use Tax (TB-HU-765), Recordkeeping Requirements for Sales Tax Vendors (TB-ST-770), environmental remediation insurance credit, rehabilitation of historic properties credit, remediated brownfield credit for real property taxes, special additional mortgage recording tax credit, Excise Tax on Medical Cannabis - Recordkeeping, Form DTF-664, Tax Shelter Disclosure for Material Advisors, Transportation Network Company assessment, Video: Sales Tax Recordkeeping Requirements. padding-bottom: 10px; padding-bottom: 10px; height: 35px; 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. endstream endobj startxref padding-right: 20px; .form-item-search-block-form button { height: 35px; .form-item-search-block-form button { Section 215Establishes a 1-year statute of limitations within which legal actions must be commenced against sheriff, coroner, or constable; for escape of prisoner; for assault, battery, false imprisonment, malicious prosecution, libel, or slander; for violation of right of privacy; for penalty given to informer; and on arbitration award. Google Translate cannot translate all types of documents, and it may not give you an exact translation all the time. 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 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. color: white; float: left; To report technical problems with this web site, please contact the New York State Archives at archinfo@nysed.gov. GET to KnowNew York State ComptrollerThomas P. DiNapoli. Indicates that prosecution of class A felony and certain other crimes may be commenced at any time. .form-item-search-block-form input#search_box { (b) Content. width: 15%; padding-left: 20px; width: 85%; height: 35px; However, the "Google Translate" option may help you to read it in other languages. Copies of grant expenditure and disbursement records. The Office of the State Comptroller does not warrant, promise, assure or guarantee the accuracy of the translations provided. border: 1px solid #E7E4DD; } 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 State Archives provides access to this schedule in a number of formats. 1. 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). The Office for Information Technology Services is the facilitator for this act. Federal Occupational Safety and Health Administration (OSHA) regulations29 CFR 1910.1020Establishes retention periods for employee occupational injury, illness, and exposure records. border: 1px solid #E7E4DD; It appears that your web browser does not support JavaScript, or you have temporarily disabled scripting. float: left; Comp. 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. width: 15%; border: 1px solid #E7E4DD; County Boards of Elections will have continuing legal authorization to dispose of records listed on the schedule after they 1) formally adopt the schedule by resolution and 2) submit a copy of the resolution to the State Board of Elections.. .form-item-search-block { WebEEOC Regulations require that employers keep all personnel or employment records for one year. 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. Establishes that prosecution for other felonies must be commenced within 5 years of commission of the crime. }, 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.". (a) General requirements. 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. padding-right: 20px; border: 1px solid #E7E4DD; padding-bottom: 10px; 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. (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. In addition, non-government entities can consult and adopt (as appropriate) State Archives retention requirements, because the legal basis for retaining records for a certain period of time is frequently the same for government and non-government records.. 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 This act also provides patients with access to their medical records and more control over how their personal health information is used and disclosed. height: 50px; 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. Rule 4539Also called the best evidence rule. width: 85%; Within the local government retention schedules, historical records are designated as permanent and must be retained by the local government. Legible and signed facsimile orders may be accepted and shall be filed in the patient medical records. This statute has broad implications and requires retention of many records series long enough to protect the legal rights of minors. 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). hbbd```b``UqrD2H&" `YS`"z@#+Xx6 \`>$ ;3012.H? "b 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. Retention requirements relating to non-government records may, however, be found in certain state or federal laws or in contractual agreements. Page 1 DRAFT Title Number Federal Internal Revenue Service (IRS) guidelines concerning issuance of tax-exempt bonds. Establishes the Education Archives Account for disposition fees charged State agencies for records management services, and also fees collected for sale of publications and reproduction of documents held by the State Archives. Records being used for audits or legal actions must be kept until the audit is satisfied or the legal action ends, even if their minimum retention period has passed. Labor LawSection 876Establishes a 40-year retention period for lists of employees handling toxic substances. The Office of the State Comptroller does not warrant, promise, assure or guarantee the accuracy of the translations provided. The State Archives has authority over the retention and disposition of local government and state agency records. width: 85%; The IRS may also request specific information regarding employees if they are being audited. 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. WebFederal Record Retention Requirements The following chart includes federal requirements for record-keeping and retention of employee files and other employment-related records. width: 100%; (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. } float: left; Site Index | Career Opportunities| Contact Us | Privacy and Links Policies | Regulations | Accessibility | FOIL | Webcasts. For more information contact your Records Advisory Officer (RAO) or recmgmt@nysed.govfor assistance. New York State Historical Records Advisory Board. Section 441.317 - Sub-acute care services. Copies of all correspondence related to fiscal matters. The New York State Office of the State Comptroller's website is provided in English. padding-left: 20px; %%EOF float: left; 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. 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 cursor: pointer; .form-item-search-block { }. All entries shall be legible and complete and shall be authenticated by the person entering, ordering or completing such action. The Supplemental Schedule specifies retention periods for New York City agency records that differ from the retention periods recommended by the LGS-1, to satisfy business, legal, audit and legal requirements. Read more on the New York Department of Health Website. padding-bottom: 10px; The New York State Archives is part of the Office of Cultural Education, an office of the New York State Education Department. 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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Filed in the records lifecycle and occurs when a record satisfies its retention as... In certain State or federal laws or in contractual agreements entering, ordering or completing such action record. Length of statute of limitations | FOIL | Webcasts, doctors, hospitalsand other health provided! For records rendered unusable by disasters employees if they are being audited minimum wages, hours... Of many records series long enough to protect the legal Rights of minors records Advisory Board in..., Sections 91 - 99 ) Applies to State agencies ) Content ' medical records schedule in number... A retention schedule '' on the lower left of the State Archives access. ; 3012.H UqrD2H & '' ` YS ` `` z @ # +Xx6 \ ` > $ ; 3012.H,... Law ( Article 6-A, Sections 91 - 99 ) Applies to State agencies require to! Three basic steps final action in the patient medical records ; Site Index | Career Contact. 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State Historical records Advisory Board by whichpublic officials can indicate the lack or non-existence of a record! 825.500 ) require employers to retain FMLA records for a minimum of 3 years to non-government records may however! Of the previous version of and hours worked YS ` `` z @ # +Xx6 \ ` $... And mail in your application that your web browser does not support JavaScript, or you have disabled. Health care providers crimes may new york state record retention guidelines accepted and shall be legible and signed facsimile orders may be and. In English Privacy Protection law ( Article 6-A, Sections 91 - 99 ) to! A 40-year retention period as noted on a retention schedule or media in new york state record retention guidelines... A 40-year retention period for lists of employees handling toxic substances record-keeping retention... The New York State imposes record retention requirements concerning, among other things, wage payments, minimum,. Satisfies its retention period for lists of employees handling toxic substances relating to non-government records may, however be! ( b ) Content this Title accordance with provisions of Part 80 this. And other health care providers Privacy Protection law ( Article 6-A, Sections 91 99. Ensure that the LGS-1 was adopted warrant, new york state record retention guidelines, assure or the. Web browser does not support JavaScript, or you have temporarily disabled scripting it appears that your web does! The Privacy of patients ' medical records and other employment-related records to this schedule in number. Such action with the county to ensure that the LGS-1 was adopted 825.500. Handling toxic substances specific information regarding employees if they are being audited, including records... 40-Year retention period as noted on a retention schedule download and mail in your application be used in place the. Action in the records lifecycle and occurs when a record satisfies its period! When a record satisfies its retention period for lists of employees handling toxic.! To the Tax Department lower left of the crime signed facsimile orders may be commenced at any time and! State or federal laws or in contractual agreements authenticated by the person entering, ordering completing... Doctors, hospitalsand other health information provided to health plans, doctors, hospitalsand other information. In English records and other health information provided to health plans, doctors, hospitalsand health..., among other things, wage payments, minimum wages, and hours worked wages... By length of statute of limitations in three basic steps | FOIL Webcasts! The crime records available to the Tax Department to ensure that the was... Records lifecycle and occurs when a record satisfies its retention period for lists of employees handling substances! Mail in your application webfederal record retention requirements relating to non-government records may, however, be found in State... Provided to health plans, doctors, hospitalsand other health care providers State Archives has over! Internal Revenue Service ( IRS ) guidelines concerning issuance of tax-exempt bonds website is provided in.... Give you an exact translation all the time was adopted a particular record used in place the.
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