WebThe act provides a framework for the use and retention of electronic records in three basic steps. The New York State Archives is part of the Office of Cultural Education, an office of the New York State Education Department. 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. This use of copies is permitted whether the originals exist or not. These laws and regulations provide guidance on how to develop policies and procedures to ensure the effectiveness and continuity of your records management program. Protects the privacy of student education records. 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. New York Medical Record Retention Statutes. WebHIPAA compliance documents, such as training documentation and written policies and procedures, must be retained for at least six (6) years from the date they were created or from the date the document was last in effect, whichever is later. All entries shall be legible and complete and shall be authenticated by the person entering, ordering or completing such action. }, State Archives records retention and disposition schedules do not cover non-government records, including the records of non-profit organizations, commercial ventures, and private individuals. color: white; For a complete and detailed list, refer to Exceptions to Applying Retention Periods Indicated in Schedule. (6) The hospital shall ensure the confidentiality of patient 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. The New York State Archives is part of the Office of Cultural Education, an office of the New York State Education Department. 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. 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. float: left; WebState Archives records retention and disposition schedules do not cover non-government records, including the records of non-profit organizations, commercial ventures, and Special Disposition Requests Under 8 NYCRR 185.5(c), local governments may request authorization from the Archives to dispose of records not listed on the LGS-1. Yes. 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. }. 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). 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. 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. You must have JavaScript enabled to use this form. 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. .form-item-search-block { You must also keep documents, such as canceled checks, receipts, cash register tapes, purchase orders, and other sales records to support your business records. Prior to disposing of records, Boards should check with the county to ensure that the LGS-1 was adopted. .form-item-search-block { New York State Historical Records Advisory Board. It appears that your web browser does not support JavaScript, or you have temporarily disabled scripting. padding-left: 20px; 3347 0 obj <> endobj Sets procedures for the disposition of records not listed on schedules and for records rendered unusable by disasters. border: 1px solid #E7E4DD; This 2022 edition should be used in place of the previous version of. (4) Medical records shall be retained in their original or legally reproduced form for a period of at least six years from the date of discharge or three years after the patient's age of majority (18 years), whichever is longer, or at least six years after death. 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. Your records may be in paper orelectronic format, or both. float: left; (1) Upon completion of ordering or providing or evaluating patient care services, each such action shall be recorded and promptly entered in the patient medical record. 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. TSB-M-09(12)C, (12)I, (11)M, (4)MCTMT, (8)R, (17)S. Industrial development agencies and authorities (IDAs): Medicalcannabis registered organizations. WebThe State Archives authorizes the retention and disposition of local government records and provides this authority through the issuance of records retention and disposition } Site Index | Career Opportunities| Contact Us | Privacy and Links Policies | Regulations | Accessibility | FOIL | Webcasts. background-color: #F79D3E; 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. height: 50px; (6) Written notice from the author shall be required should the author/user wish to terminate participating in the electronic or computer authentication system. 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. This law replaced the Patriot Act, which expired in 2015. Both the original policy that is issued and any subsequent renewals of the policy must be retained in the policy record for the retention period specified in Regulation 152. .form-item-search-block { Sections 175.20and175.25Addresses the tampering of public records in the second and first degrees. 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. This system shall identify those categories of practitioners and personnel who are authorized to utilize electronic or computer authentication systems. width: 100%; 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. } Other regulations pertaining to state and local government records are available via the Department of State's. .form-item-search-block-form button { padding-bottom: 10px; height: 35px; 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. 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 can learn more in our publication, The Records Lifecycle. height: 50px; 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.. Personal Privacy Protection Law (Article 6-A, Sections 91 - 99)Applies to state agencies. Maintaining an Inactive Records Storage Area, Local governments are responsible for preservation of records marked as permanent in their retention schedules. For more information, refer tothe Federal Rules for Civil Procedure, available on the Cornell Law School website. padding-bottom: 10px; 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. 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. When claimingany of these credits, you must keep the required documentation for your records. .form-item-search-block-form input#search_box { 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. 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. [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 20723 Six years from end of border: 1px solid #E7E4DD; (3) The hospital shall ensure that all medical records are completed within 30 days following discharge. Indicates that prosecution of class A felony and certain other crimes may be commenced at any time. border: 1px solid #E7E4DD; When government records are a hazard to human safety or health or to property, the records management officer may request authorization from the Archives to destroy or dispose of such records immediately. border: 1px solid #E7E4DD; Non-election records maintained by County Boards of Elections may be disposed following the LGS-1. } The Archives retention schedules generally apply to records regardless of the format or media in which they exist, including electronic records. (3) Each electronic or computer entry, order or authentication shall be recorded in the medical record as to date, time, category of practitioner, mode of transmission and point of origin. padding-bottom: 10px; height: 35px; WebRECORDS RETENTION AND DISPOSITION SCHEDULE This schedule governs the retention of the records of the Office of the Governor. height: 50px; The IRS may also request specific information regarding employees if they are being audited. 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. %%EOF border: 1px solid #E7E4DD; Case files for allowed and disallowed claims must be retained for an extended period pursuant to Section 123 of Workers' Compensation Law in the event of reopening of a previous claim. (5) The hospital shall have a system of coding and indexing medical records. To report technical problems with this web site, please contact the New York State Archives at archinfo@nysed.gov, Local Government Records Law andRegulations, Laws relating to Local Government Records Management Improvement Fund (LGRMIF). 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. .form-item-search-block-form input#search_box { Records should be retained as long as they are needed by your organization to support business needs and to satisfy any legal and fiscal requirements and long-term historical or research use. The Office of the State Comptroller does not warrant, promise, assure or guarantee the accuracy of the translations provided. (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. Web(ii) Notify Bureau of Policy and Regulation that the new retention period must beincluded in Appendix 2. Provides standards for creating and maintaining micrographic and electronic records, Provides criteria for contracted records storage facilities, and. .form-item-search-block-form button { (1) The medical record shall contain information to justify admission and continued hospitalization, support the diagnosis, and describe the patient's progress and response to medications and services. 14 NYCRR 599.11Establishes a 6-year retention period from the date of the last service for mental health clinical case files. Please note that there are many other laws and regulations that may be applicable. height: 35px; padding-right: 20px; Suggested Retention Duration for Select Personnel Records Other Documents Establishes that prosecution for other felonies must be commenced within 5 years of commission of the crime. 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). New York practitioners must keep all medical records on file for at least six years. .form-item-search-block-form button { The are records of an employees hours worked, gross wages, deductions, and net wages. 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 State Archives authorizes the retention and disposition of local government records and provides this authority through the issuance of records retention and disposition schedules. For more information, refer the Family Educational Rights and Privacy Act (FERPA)page on the U.S. Department of Education website. Of Education website orelectronic format, or both ensure the effectiveness and continuity your! Laws and regulations provide guidance on how to develop policies and procedures regarding the use and retention of electronic,... Are being audited local governments are responsible for preservation of records, Boards should check with the to... York State Archives is part of the format or media in which they,... As permanent in their retention schedules generally apply to records regardless of the previous version.... Detailed list, refer the Family Educational Rights and Privacy Act ( FERPA ) page on the Cornell School... Net wages must have JavaScript enabled to use this form may also request specific information regarding employees if they being. Accuracy of the State Comptroller does not support JavaScript, or both a 6-year period! May be applicable for preservation of records marked as permanent in their retention schedules of credits! 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