Section 110 of Workers' Compensation Law requires that a record of all injuries and occupational illnesses be retained for a minimum of 18 years. Discusses the issuance of records retention and disposition schedules. height: 50px; 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. float: left; 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. .form-item-search-block { 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). It issues retention schedules for both types of governments. Yes. padding-right: 20px; 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. (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. 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). border: 1px solid #E7E4DD; GET to KnowNew York State ComptrollerThomas P. DiNapoli. padding-left: 20px; Outlines the rules used to govern civil procedures in United States district courts. 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. Records retention and disposition schedules for state government agencies are published on the State Education Department's website at: http://www.archives.nysed.gov/records/retention-schedules-state. 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. padding-right: 20px; .form-item-search-block { Establishes that prosecution of petty offences, including traffic infractions, must be commenced within 1 year of commission of the crime. 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. 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. width: 100%; background-color: #F79D3E; For a complete and detailed list, refer to Exceptions to Applying Retention Periods Indicated in Schedule. Contact us at. float: left; Get the facts about the COVID-19 vaccine. 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). 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. Section 214-CEstablishes statute of limitations of 3 years from the point of discovery within which certain legal actions must be commenced. Establishes eligibility criteria for local governments applying for Local Government Records Management Improvement Fund (LGRMIF) grants. 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). background-color: #F79D3E; New York Medical Record Retention Statutes. } 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. If you would like to read the laws in New York pertaining to medical record retention yourself, visit these links: N.Y. EDUC. Many of these materials are available on Review the referenced section in full when considering appropriate retention requirements. (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). border: 1px solid #E7E4DD; are either new to the 2022 edition or have been changed from the previous (2020) edition). Due to space considerations, only four of themost commonly citedlaws have been listed. .form-item-search-block { 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 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. height: 50px; To assist you, we offer detailed recordkeeping guides for several taxes and credits. (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. Section 6530.32Rules of the Board of Regents. Copies of grant expenditure and disbursement records. } color: white; color: white; 11 NYCRR 243.3 prescribes the standards for the maintenance and reproduction of policy records. The key is to regularly carry out disposition, as indicated in your retention schedule and as part of your organizations normal business practices, and to document this disposition. border: 1px solid #E7E4DD; Establishes that prosecution for other felonies must be commenced within 5 years of commission of the crime. } The IRS may also request specific information regarding employees if they are being audited. (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 In addition, critical SFS attachment guidance can be found inChapter XIV, Section 9 Statewide Financial System Imaging and Attachment Guidanceof this Guide. State Government Records Law and Regulations. The statute of limitations for civil actions under this law is ten years. 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. Disposition is the final action in the records lifecycle and occurs when a record satisfies its retention period as noted on a retention schedule. 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. float: left; padding-bottom: 10px; float: left; .form-item-search-block-form input#search_box { float: left; This Google translation feature is provided for informational purposes only. 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. With how fast .form-item-search-block { Use the left-hand menu on this page to access specific retention and New York practitioners must keep all medical records on file for at least six years. Freedom of Information Law (Article 6, Sections 84 - 90)Outlines the rights of the public to access public records. 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). The State Archives provides access to this schedule in a number of formats. Codes R. and Regs. Minor patients : 2 years beyond the date the patient is 18 (i.e., until the patient turns 20). Chart of Recordkeeping Requirements The following chart outlines some of the more common records and the current federal and New York State requirements for Page 1 DRAFT Title Number Federal Internal Revenue Service (IRS) guidelines concerning issuance of tax-exempt bonds. height: 50px; WebRetaining employee and personnel-related records is crucial for preserving documentation in case evidence is needed in a related lawsuit. Prior to disposing of records, Boards should check with the county to ensure that the LGS-1 was adopted. Every state has its own rules on top of the federal If you rely on information obtained from Google Translate, you do so at your own risk. Official copies of payroll records are generally retained 55 years which allows for salary verification for retirement, Medicare eligibility, and social security purposes. padding-right: 20px; .form-item-search-block-form button { }, 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.". For more information on developing a collecting policy, see theArchives Management webpage. width: 15%; Details the responsibilities of records management officers (RMOs) and the Local Government Records Advisory Council (LGRAC). Copies of all correspondence related to fiscal matters. } You must have JavaScript enabled to use this form. %PDF-1.6
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padding-right: 20px; 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. padding-left: 20px; 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. Sets procedures for the disposition of records not listed on schedules and for records rendered unusable by disasters. 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. (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. The law requires a school district to provide parents with access to their children's educational records, to provide parents the opportunity to request the correction of records they believe to be inaccurate or misleading, and to obtain the written permission of a parent before disclosing information contained in a student's educational 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. Non-election records maintained by County Boards of Elections may be disposed following the LGS-1. (9) All orders for controlled substances shall be carried out in accordance with provisions of Part 80 of this Title. 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 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. Original medical records, information from or copies of records shall be released only to hospital staff involved in treating the patient and individuals as permitted by Federal and State laws. It appears that your web browser does not support JavaScript, or you have temporarily disabled scripting. 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.. 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. 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). This special disposition consent remains in effect until the LGS-1 is updated with this new item, or until the Archives notifies the local government that it is withdrawing that consent or it is advised by the local government that it no longer wishes to use this item in lieu of other items that appear in the current LGS-1. 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