(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. 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. The New York State Archives is part of the Office of Cultural Education, an office of the New York State Education Department. 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. 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. 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 6530.32Rules of the Board of Regents. Tell us more about you to receive content related to your area or interests. 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. (e) General Retention and Disposition Schedule for New York State WebThe Organization expects all officers, directors, volunteers, and employees to comply fully with any published record retention or destruction policies and schedules, provided that all officers, directors, and employees should note the following general exception to any stated destruction schedule: If you believe, or the Organization informs you, that any records are 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). Codes R. and Regs. float: left; For more information, refer the Family Educational Rights and Privacy Act (FERPA)page on the U.S. Department of Education website. float: left; width: 100%; float: left; 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. 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. } 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. 14 NYCRR 599.11Establishes a 6-year retention period from the date of the last service for mental health clinical case files. TSB-M-09(12)C, (12)I, (11)M, (4)MCTMT, (8)R, (17)S. Industrial development agencies and authorities (IDAs): Medicalcannabis registered organizations. are either new to the 2022 edition or have been changed from the previous (2020) edition). 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 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 cursor: pointer; Provides standards for creating and maintaining micrographic and electronic records, Provides criteria for contracted records storage facilities, and. border: 1px solid #E7E4DD; 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. 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. padding-bottom: 10px; Permits the use of copies in court when those copies were prepared in the regular course of business by a process which accurately reproduces the original records and when those copies are satisfactorily identified. Federal regulations (29 CFR 825.500)require employers to retain FMLA records for a minimum of 3 years. border: 1px solid #E7E4DD; Through theappraisal process, the Archives has identified some records as having long-term historical or research value. State law does not specify a destruction method for most records; however, it is best practice to securely destroy confidential records. (5) The hospital shall have a system of coding and indexing medical records. float: left; background-color: #F79D3E; padding-left: 20px; Section 441.317 - Sub-acute care services. (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. Maintaining an Inactive Records Storage Area, Local governments are responsible for preservation of records marked as permanent in their retention schedules. Rule 4540Establishesthe means by whichpublic officials can authenticate copies of public records. Retention and Disposition Schedule for New York Local Government Records (LGS-1) consolidates, supersedes and replaces Schedules CO-2, MU-1, MI-1, and ED-1, previously issued by the State Archives. } height: 35px; .form-item-search-block-form input#search_box { 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. 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. 12111, the following 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. You must have JavaScript enabled to use this form. This system shall identify those categories of practitioners and personnel who are authorized to utilize electronic or computer authentication systems. Document retention must be in full compliance with all applicable state and federal laws, rules and regulations. It appears that your web browser does not support JavaScript, or you have temporarily disabled scripting. 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. For more information on developing a collecting policy, see theArchives Management webpage. Chart of Recordkeeping Requirements The following chart outlines some of the more common records and the current federal and New York State requirements for For more information, refer to the Health Information Privacy page on the U.S. Department of Health and Human Services website. }, 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. float: left; In addition, for guidance on developing retention and disposition schedules in non-government organizations, contactARMA International. width: 15%; RETENTION: 6 years after project completed, or after date of final entry in record 10. (ii) a process implemented as part of the hospital's quality assurance activities that provides for the sampling of records for review to verify the accuracy and integrity of the system. padding-left: 20px; height: 50px; For more information contact your Records Advisory Officer (RAO) or recmgmt@nysed.govfor assistance. 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. Non-election records maintained by County Boards of Elections may be disposed following the LGS-1. } .form-item-search-block-form input#search_box { New York State Historical Records Advisory Board. Retention Requirements: Statutes of Limitation, Retention Requirements for Health and Safety Records, Retention Requirements for Personnel Records, Retention Requirements for Fiscal Records, Laws andRegulations Related toLegalAdmissibility ofRecords, Laws Related to Maintaining Integrity of and Access to Records. Review thecredit guidesto determine whether you are eligible to claim the credits before you file. 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. padding-right: 20px; Todays regulations and guidelines for document retention across many different industries has become much more stringent in the past few years. background-color: #F79D3E; Amendments enacted in 2008 clarify issues that govern access to electronic records. The are records of an employees hours worked, gross wages, deductions, and net wages. } height: 35px; 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. 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). Rule 4518Allows the admissibility of original records in court, including electronic records, when made in the regular course of business. padding-bottom: 10px; .form-item-search-block { The statute padding-right: 20px; Sections 175.20and175.25Addresses the tampering of public records in the second and first degrees. 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