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? Many of these materials are available on background-color: #F79D3E; RETENTION: 6 years after project completed, or after date of final entry in record 10. The State Archives provides access to this schedule in a number of formats. tit. The Office of the State Comptroller does not warrant, promise, assure or guarantee the accuracy of the translations provided. 11, 243.0-243.3 (1996) (Regulation 152), entitled "Standards of Records Retention by Insurance Companies", establishes the minimum 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. Records that are the subject of a legal action or audit must be retained for the entire period of the action or audit even if their retention period has passed. 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. padding-right: 20px; Each format cross references the unique schedule item numbers of the. width: 85%; padding-bottom: 10px; It issues retention schedules for both types of governments. height: 50px; float: left; 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. .form-item-search-block-form button { width: 100%; .form-item-search-block { Freedom of Information Law (Article 6, Sections 84 - 90)Outlines the rights of the public to access public records. 1. width: 85%; .form-item-search-block-form button { Section 110 of Workers' Compensation Law requires that a record of all injuries and occupational illnesses be retained for a minimum of 18 years. Rule 4521Establishesthe means by whichpublic officials can indicate the lack or non-existence of a particular record. Exceptions to Applying Retention Periods Indicated in ScheduleThis 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 retention period. width: 15%; border: 1px solid #E7E4DD; Rule 4518Allows the admissibility of original records in court, including electronic records, when made in the regular course of business. Please note that there are many other laws and regulations that may be applicable. width: 85%; WebRecord Retention Guidelines by State. Use the left-hand menu on this page to access specific retention and Review thecredit guidesto determine whether you are eligible to claim the credits before you file. Section 214-CEstablishes statute of limitations of 3 years from the point of discovery within which certain legal actions must be commenced. float: left; To report technical problems with this web site, please contact the New York State Archives at archinfo@nysed.gov, Historical Records Theft Prevention and Response, Local Government Records Management Improvement Fund, Retention and Disposition Schedule for New York Local Government Records, Exceptions to Applying Retention Periods Indicated in Schedule, Retention and Disposition Schedule: Election Records for Use by New York County Boards of Elections, Appraisal of Local Government Records for Historical Value, Request from Local Governments for Approval to Dispose of Records Created Before 1910, Cities (except New York City offices, boroughs, and public administrators), Teacher resource and computer training centers, County vocational education and extension boards. } Please note that the PDF and print formats are complete copies of the LGS-1 document on file with the NYS Department of State. 405.10 Medical records. You must also keep documents, such as canceled checks, receipts, cash register tapes, purchase orders, and other sales records to support your business records. background-color: #F79D3E; OSHA requires that employee toxic or hazardous exposure records be retained 30 years after exposure and employee occupational injury and illness logs be retained 5 years. Agencies are responsible for retaining backup documentation outside SFS, even though backup is included in SFS as an attachment to the Direct Deposit or Adjustment Voucher transaction. Sets procedures for the disposition of records not listed on schedules and for records rendered unusable by disasters. 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. } border: 1px solid #E7E4DD; 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. New York State Historical Records Advisory Board. .form-item-search-block { The New York State Archives is part of the Office of Cultural Education, an office of the New York State Education Department. 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. Section 213-AEstablishes a 4-year statute of limitations within which legal actions must be commenced for residential rent overcharge. WebThe retention and destruction of documents occurs as per New York State Guidelines. (7) The hospital shall allow patients and other qualified persons to obtain access to their medical records and to add brief written statements which challenge the accuracy of the medical record documentation to become a permanent part of the medical record, in accordance with the provisions of Part 50 of Chapter II of this Title and the provisions of Public Health Law, section 18(4). Rule 4540Establishesthe means by whichpublic officials can authenticate copies of public records. 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 (1) Medical records shall be legibly and accurately written, complete, properly filed, retained and accessible in a manner that does not compromise the security and confidentiality of the records. padding-right: 20px; .form-item-search-block-form button { 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. 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. 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). N.M. Code R. 16.10.17.10 (C) (2008). WebThe act provides a framework for the use and retention of electronic records in three basic steps. Under ADEA recordkeeping requirements, employers must also keep all payroll records for three years. (2) The hospital shall establish, implement and monitor an effective system of author identification for medical records and/or medical orders to ensure the integrity of the authentication and protect the security of all transmissions, records and record entries. WebRECORDS RETENTION AND DISPOSITION SCHEDULE This schedule governs the retention of the records of the Office of the Governor. (9) All orders for controlled substances shall be carried out in accordance with provisions of Part 80 of this Title. New York practitioners must keep all medical records on file for at least six years. Internet Security and Privacy Act (Article II, Section 208)Requires state entities, persons, and businesses in New York who own or license computerized data which includes private information to disclose any data breach to the affected New York residents (state entities must also notify non-residents) and notify the state Attorney General, Office of Information Technology Services, and the Department of State. 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). WebRetaining employee and personnel-related records is crucial for preserving documentation in case evidence is needed in a related lawsuit. State agencies retention schedules indicate that historical records must be transferred to the State Archives following theProcedures for Transferring Recordsto the New York State Archives. endstream endobj startxref 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. .form-item-search-block-form input#search_box { padding-bottom: 10px; } 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. padding-left: 20px; If an employee is involuntarily terminated, his/her personnel records must be retained for one year from the date of termination. Document retention must be in full compliance with all applicable state and federal laws, rules and regulations. width: 85%; 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. cursor: pointer; border: 1px solid #E7E4DD; With how fast To assist you, we offer detailed recordkeeping guides for several taxes and credits. 8 NYCRR 29.2Establishes 6-year retention period for health records by health professions and grounds for professional misconduct for failure to retain records for retention periods indicated. Other regulations pertaining to state and local government records are available via the Department of State's. 14 NYCRR 599.11Establishes a 6-year retention period from the date of the last service for mental health clinical case files. Non-election records maintained by County Boards of Elections may be disposed following the LGS-1. 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). To report technical problems with this web site, please contact the New York State Archives at archinfo@nysed.gov. You must have JavaScript enabled to use this form. Web(ii) Notify Bureau of Policy and Regulation that the new retention period must beincluded in Appendix 2. (3) The hospital shall ensure that all medical records are completed within 30 days following discharge. For more information, refer tothe Federal Rules for Civil Procedure, available on the Cornell Law School website. There are certain types of records, types of entities, or situations where it is inappropriate to use the LGS-1. LAW 6530; N.Y. COMP. 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. 20723 Six years from end of Read more on the New York Department of Health Website. padding-bottom: 10px; State agency retention schedules indicate that records with long-term historical value must be transferred to the State Archives following the Procedures for Transferring Records to the New York State Archives. Review the referenced section in full when considering appropriate retention requirements. 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. 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.. border: 1px solid #E7E4DD; padding-left: 20px; (2) All records shall document, as appropriate, at least the following: (i) evidence of a physical examination, including a health history, performed no more than thirty days prior to admission or within 24 hours after admission and a statement of the conclusion or impressions drawn; (iii) results of all consultative evaluations of the patient and findings by clinical and other staff involved in the care of the patient; (iv) documentation of all complications, hospital acquired infections, and unfavorable reactions to drugs and anesthesia; (v) properly executed consent forms for procedures and treatments; (vi) all practitioners' diagnostic and therapeutic orders, nursing documentation and care plans, reports of treatment, medication records, radiology, and laboratory reports, vital signs and other information necessary to monitor the patient's condition; (vii) discharge summary with outcome of hospitalization, disposition of case and provisions for follow-up care; and. padding-left: 20px; Due to space considerations, only four of themost commonly citedlaws have been listed. Records for real property and equipment acquired with Federal funds must be retained for 3 years after final disposition. Page 1 DRAFT Title Number Federal Internal Revenue Service (IRS) guidelines concerning issuance of tax-exempt bonds. border: 1px solid #E7E4DD; Sections 175.20and175.25Addresses the tampering of public records in the second and first degrees. (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. 2000e-5, 2000e-17, and the Americans With Disabilities Act (ADA), 42 U.S.C. Section 214-AEstablishes a 2 year and 6 months statute of limitations within which legal actions must be commenced for medical, dental, or podiatric malpractice. border: 1px solid #E7E4DD; hbbd```b``UqrD2H&" `YS`"z@#+Xx6 \`>$ ;3012.H? "b Comp. float: left; For more information on transferring records elsewhere legally, contact the State Archives at (518) 474-6926 or. }. You must be able to compare records from one time period (such as month, quarter, or year) with records from another period. Documentation of disposition can protect your organization when it is unable to provide properly destroyed records in response to litigation, audits, or requests under FOIL. 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. WebThis Retention and Disposition Schedule for New York Local Government Records (LGS-1) is a single, comprehensive retention schedule covering records of all types of local Lgs-1 document on file with the NYS Department of State: 10px ; It retention. 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