new york state record retention guidelines
color: white; 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. padding-right: 20px; float: left; Yes. 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. 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. Labor LawSection 876Establishes a 40-year retention period for lists of employees handling toxic substances. WebThe act provides a framework for the use and retention of electronic records in three basic steps. width: 85%; Establishes that prosecution of petty offences, including traffic infractions, must be commenced within 1 year of commission of the crime. The State Archives is unable to provide technical support regarding the use and modification of the MS Excel worksheets or MS Access database. Comp. Tell us more about you to receive content related to your area or interests. Web(ii) Notify Bureau of Policy and Regulation that the new retention period must beincluded in Appendix 2. %PDF-1.6 % 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. The New York State Office of the State Comptroller's website is provided in English. width: 15%; P$`x(^F- IRC/ Rule 4521Establishesthe means by whichpublic officials can indicate the lack or non-existence of a particular record. .form-item-search-block-form button { The statute of limitations for civil actions under this law is ten years. 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. It issues retention schedules for both types of governments. Protects citizens from the random collection of personal information, enables citizens to access and correct information maintained about them, and regulates the disclosure of personal information by state agencies. Establishes that prosecution for other felonies must be commenced within 5 years of commission of the crime. Establishes that prosecution for misdemeanors must be commenced within 2 years of commission of the crime. width: 85%; width: 15%; WebNew York State imposes record retention requirements concerning, among other things, wage payments, minimum wages, and hours worked. tit. }, 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.". cursor: pointer; Every state has its own rules on top of the federal .form-item-search-block-form input#search_box { width: 15%; Section 214Establishes a 3-year statute of limitations within which legal actions must be commenced for non-payment of money collected on execution; for penalty created by statute; to recover chattel; for injury to property; for personal injury; for malpractice other than medical, dental, or podiatric malpractice; and to annul a marriage on the ground of fraud. There are certain types of records, types of entities, or situations where it is inappropriate to use the LGS-1. Due to space considerations, only four of themost commonly citedlaws have been listed. New York State Historical Records Advisory Board. .form-item-search-block-form input#search_box { 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. .form-item-search-block { 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. cursor: pointer; Sign up online or download and mail in your application. State Government Records Law and Regulations. 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. This statute has broad implications and requires retention of many records series long enough to protect the legal rights of minors. Google Translate cannot translate all types of documents, and it may not give you an exact translation all the time. (5) The hospital shall have a system of coding and indexing medical records. GET to KnowNew York State ComptrollerThomas P. DiNapoli. 3386 0 obj <>stream If you would like to read the laws in New York pertaining to medical record retention yourself, visit these links: N.Y. EDUC. color: white; border: 1px solid #E7E4DD; Contact us at. color: white; .form-item-search-block { 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. .form-item-search-block-form button { Read more on the New York Department of Health Website. 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. You can learn more in our publication, The Records Lifecycle. .form-item-search-block-form button { float: left; t;l,u"[-R592%'\[VunfX<13f^v5 UgJORWS|vsBCN7f,}8Lh L{7rEVmQ9$WkTS[HwRBc{+_jYaLME.bENRqA9f-54[. float: left; border: 1px solid #E7E4DD; color: white; 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. 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). Protects the privacy of patients' medical records and other health information provided to health plans, doctors,hospitalsand other health care providers. The New York State Archives is part of the Office of Cultural Education, an office of the New York State Education Department. Google Translate cannot translate all types of documents, and it may not give you an exact translation all the time. WebN.Y. (7) The hospital shall have procedures in place to modify or terminate use of any assigned identifier in cases of abuse or misuse or if practice privileges are suspended, restricted, terminated or curtailed or employment or affiliation ends. 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.. Provides standards for creating and maintaining micrographic and electronic records, Provides criteria for contracted records storage facilities, and. height: 35px; padding-right: 20px; Section 216Abbreviates statute of limitations to 1 year after notice for actions to recover money and property. 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). 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, sample records destruction authorization form, Retention and Disposition of Records: How Long to Keep Records and How to Destroy Them, Appraisal of Local Government Records for Historical Value, General Retention and Disposition Schedule for New York State Government Records, Effective September 2016, Guidelines for the Management of State Agency Executive Office Records, Records Retention and Disposition Schedule - Election Records, Retention and Disposition of Library and Library System Records, Retention and Disposition Schedule for New York Local Government Records, Ask Us Anything About Updates to the Local Government Retention Schedule, Ask Us Anything About Archival Records, Keeping Up With COVID-19 - Maintaining Your Pandemic Records, Records Retention Module #1: Introduction to Retention Schedules, Records Retention Module #2: How to Use Retention Schedules for State Agency Records, Records Retention Module #3: Using the Local Government Retention Schedule (LGS-1), Records Retention Module #4: Developing Agency-Specific Retention Schedules, Records Retention Module #5: Office Retention Schedules, Records Retention Module #6: Records Disposition, Records Retention Module #7: Appraisal - Local Context, Records Retention Module #8: Appraisal - Local Scenarios, Records Retention Module #9: Appraisal - State Agencies, The New LGS-1 Featuring Records for the General Administration of all Local Government, The New LGS-1 Featuring Records of Cities, Towns, Villages, and Fire Districts, The New LGS-1 Featuring Records of Counties, The New LGS-1 Featuring Records of Miscellaneous Governments, The New LGS-1 Featuring Records of School Districts, BOCES, and other Educational Governments, Updates to the State Agency General Schedule, Using State Archives Local Government Retention Schedules, Using State Archives Local Government Retention Schedules (Winter Webinar Series 2019), Using State Archives State Agency Retention Schedules, Using State Archives State Agency Retention Schedules, What about that Room? (9) All orders for controlled substances shall be carried out in accordance with provisions of Part 80 of this Title. padding-right: 20px; border: 1px solid #E7E4DD; padding-right: 20px; width: 100%; height: 35px; hbbd```b``UqrD2H&" `YS`"z@#+Xx6 \`>$ ;3012.H? "b 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. Personal Privacy Protection Law (Article 6-A, Sections 91 - 99)Applies to state agencies. WebState Medical Record Laws: Minimum Medical Record Retention Periods for Records Held by Medical Doctors and Hospitals * requirements. 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. 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. Rule 4518Allows the admissibility of original records in court, including electronic records, when made in the regular course of business. (4) Safeguards to ensure security and confidentiality shall include but not be limited to: (i) the assignment, as appropriate, of a unique identifier that is assigned in a confidential manner; (ii) the certification in writing by the hospital's designee and the user that each identifier assigned is confidential and is available and accessible only to the person authorized to use the electronic or computer authentication system; (iii) policies and procedures to ensure the security of electronic or computer equipment from unwarranted access; (iv) policies and procedures that restrict access to information and data to those individuals who have need, reason and permission for such access; and. 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. (a) General requirements. New York State and Local Retirement System (NYSLRS), New York State Budget Analysis and Financial Reporting, New York City Economic and Fiscal Monitoring, IX.3 Establish & Maintain Federal Grants in SFS for Non-Onboarding Agencies, IX.3 Overview - Establish & Maintain Federal Grants in SFS for Non-Onboarding Agencies, IX.3.A Establish & Maintain Federal Grants in SFS for Non-Onboarding Agencies - Pre-Award Spending Projects, IX.4 Establish & Maintain Federal Grants in SFS for Onboarding Agencies, IX.5 Federal Billing & Invoicing Overview, IX.5.A Billing for Non-Onboarding Agencies, IX.6.C Automated Standard Application for Payments (ASAP), IX.7 State Accounting and Reporting Overview, IX.7.C Fringe Benefits and Indirect Costs, IX.7.H Federal Funding Accountability and Transparency Act (FFATA), IX.8.B Interest on Advance Payments to Vendors, IX.8.D Electronic Refund Payments to the U.S. HHS, IX.9 Administrative Recoveries - Transfers to Other Funds, IX.10.A Federal Treasury Offset Program (TOP) Purpose and Scope, IX.10.B Federal Treasury Offset Program (TOP) Background, IX.10.C Federal Treasury Offset Program (TOP) Agency Responsibilities, IX.11.A Single Audit Act Accounting and Reporting Requirements, IX.11.B Federal Program Information Act of 1977 (As Amended), IX.12 Cash Management Improvement Act (CMIA), IX.12.E Specific Programs Subject to CMIA, IX.12.I Updated and Expanded CMIA Regulations, IX.4.J State Requirements in Support of CMIA Implementation, IX.12.N Fund Availability and Interest Liability, IX.12.P Annual Schedule of Expenditures of Federal and Non-Cash Awards, IX.12.Q Annual CFDA Confirmation for Schedule of Expenditures of Federal and Non-Cash Awards, IX.12.R Major Federal Programs Subject to CMIA Agreement: SFY 2019-20, Minority- and Women-Owned Business Enterprises (MWBEs), damages or losses caused by reliance upon the accuracy of any such information, damages incurred from the viewing, distributing, or copying of such materials. : pointer ; Sign up online or download and mail in your application 9... Regular course of business 99 ) Applies to State agencies themost commonly citedlaws have been listed related your! For creating and maintaining micrographic and electronic records, provides criteria for contracted storage... Receive content related to your area or interests and mail in your application in,. Themost commonly citedlaws have been listed technical support regarding the use and of. 20Px ; float: left ; Yes and electronic records, types of governments requires retention of many series... 9 ) all orders for controlled substances shall be carried out in accordance with provisions of part 80 of Title... Our publication, the records Lifecycle commonly citedlaws have been listed 4518Allows the admissibility of records. Space considerations, only four of themost commonly citedlaws have been listed of! May not give you an exact translation all the time law ( Article 6-A, Sections 91 - 99 Applies! 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