Language Interpretation:
Attorneys are responsible for arranging interpretation when needed for their clients. Interpreter qualifications are described in the “roles and responsibilities” sent to attorneys but should never be the attorney or someone involved in representing a client (paralegals, legal assistants etc involved in the case) and should never be family or friend of the client. - Language from ‘responsibilities of attorney’: “Ensuring that an appropriate and qualified interpreter accompanies the client to the exam and providing the clinic manager with his or her name and phone number once confirmed. An interpreter’s appropriateness should be considered in light of the client’s cultural and social background, as well as the nature of the client’s asylum claims and potential conflicts. Family members, friends and attorneys are not considered to be qualified interpreters.”
NOTE:
If an attorney asks for recommendations for professional spanish interpreters, we have an interpreter in our network who is phenomenal and who often gives a discount to pro bono attorneys. She actually used to be a pediatrician in Spain. Contact information is below - attorneys should let her know that she was referred by the MSHRP.
Name: Nuria Mendoza
Email: nuria.mendoza@gmail.com
Phone: 646-730-0158
Another alternative who we work with less frequently but who is a professional interpreter and also great. Attorneys should let her know that she was referred by the MSHRP:
Name: Pilar Orlandi
Phone: (505) 795-0512
Email: pilarorlandi@yahoo.com
Oral Testimony:
All expectations for oral testimony (telephonic or in-person) should be agreed to in advance of the evaluation. MSHRP evaluators are not required to make themselves available for testimony, and are rarely asked to do so, but in the event that an evaluator is willing, the attorneys should make that request in advance and provide adequate preparation. Language from “attorney agreement” in the intake form: “Although HRP clinicians will make an effort to provide oral testimony if needed, I understand that the HRP evaluators conduct these evaluations pro bono and may not be available to testify during my client's hearing. If clinician testimony is necessary, I will make every effort to arrange for the clinician(s) to deliver their testimony telephonically.” Language from ‘responsibilities of attorney’: Discussing expectations for oral testimony prior to the evaluation.
HIPAA-Compliant Communications:
All efforts should be made to keep client communication on secure platforms (Box, RedCap). While evaluators and attorneys may mention client names in emails and send medical records and affidavit drafts over email, CMs are responsible for using best practices and sharing all documents over Box. When emailing, use client initials. When attorneys or evaluators send confidential documents by email, upload them to Box, then delete the email from your inbox.
Referring Cases Out:
We take seriously the commitment to refer clients to regional programs that might be able to facilitate an in-person evaluation, or who might be able to help the client with continuity care needs. For all requests, particularly for requests that come from areas with designated Human Rights Programs, you should check in with the attorney and see if they have tried finding a local evaluator. This is true even during COVID-19, when things are remote, because it helps alleviate licensure concerns and creates a greater likelihood of referral to continuity care and social services in the region. Check This list for information on peer programs to refer to.
- Helpful language: Dear [attorney], Thank you for your request. Have you reached out to [X clinic/any local asylum programs]? We generally try only to place remote cases when local resources are not available, as we know that local evaluators have a far better understanding of continuity care resources for follow-up and already have infrastructure in place to support clients. If a local evaluator is not available, we would be happy to try and place this with a remote evaluator in our network.
Out-of-state licensure and telehealth regulations:
The Remote Evaluation Network’s policy is to defer to the evaluators’ comfort level with practicing in states where they are not licensed, and to defer to the attorneys’ comfort in assessing whether an out-of-state evaluator would pose a problem for a specific client/case. All remote evaluators are provided with the roles and responsibilities document. All clinicians are encouraged to consult with state licensure boards, legal counsels at their institutions, and insurance carriers to determine their comfort with out-of-state evaluations on a case-by-case basis. This document contains examples of the type of information about various states’ policies and exemptions to licensure laws, and may be helpful to share on occasion with providers in new geographies. You can also look up state policies through individual state licensing bodies’ websites. When sharing this (and other) information, it is important not to interpret the law, to suggest that something is permitted, or give any assurances about policies. Instead, with new evaluators who are asking for licensing information, we encourage the consultation described above and rely on language such as “You may find the following state statute helpful as you determine your comfort level with performing evaluations in {STATE}” linking the relevant exemption.
- Note: Clinicians at Mount Sinai can speak with MSH’s legal counsel about this issue if they have specific questions. Rebecca Berkibile (Rebecca.Berkebile@mountsinai.org) has been incredibly helpful and is familiar with these questions, so she is a good person to direct inquiries to for MSH-affiliated providers only.
- Although it seems like splitting hairs, it is important to remember that non-Mount Sinai-affiliated providers have no legal affiliation with us. MSHRP serves in a coordinating capacity connecting attorneys and pro bono evaluators, but nobody is formally affiliated with Mount Sinai Hospital. Some evaluators may bring this up, thinking that they are considered formal volunteers and are therefore entitled to some kind of Sinai legal counsel or other licensing consultation services through us. Rebecca Berkebile is an excellent resource if you are confused about the nature of relationships, questions from evaluators, etc.