Provided by: Jennifer Kirschenbaum, Esq.

March 1, 2011

Scanning and Shredding Records -


Jen – How long are medical charts required to be saved before they can be scanned and shredded?

Thanks, A


Good question. One that has a couple of answers. In fact, the applicable statutes do not make reference to maintaining an original record -


8 NYCRR § 29.2 (2011)

(3) Failing to maintain a record for each patient which accurately reflects the evaluation and treatment of the patient. Unless otherwise provided by law, all patient records must be retained for at least six years. Obstetrical records and records of minor patients must be retained for at least six years, and until one year after the minor patient reaches the age of 21 years.

However, oftentimes in a medical malpractice action, insurance carriers will require original records. This issue has not been revisited recently and should be updated with the availability of scanning records. So, there is no clear cut ruling on this, and my answer is its a business decision on when you decide to scan and trash. Also, I would recommend following up with your malpractice carrier to see whether it has additional maintanence suggestions/requirements.

Docking Employees on Snow Days



Is it alright if I dock my employees on snow days they dont come in?

Thanks, C


After checking, there does not appear to be any prohibition against docking employees for failing to work on snow days. However, be advised that if you have a contractual relationship with an employee, you are required, by contract, to abide by its terms. Instituting a new office policy that may conflict with contractual obligations may give rise to liability for your breach of the employment contract, if you attempt to institute new policies in contravention of the contract.


For additional information on this topic, contact Jennifer Kirschenbaum at (516)-747-6700 ext. 302 or at


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