HENDERSON, NEV. -- The City of Henderson has decided not to release a 9-1-1 phone call made by former Henderson City Councilwoman Kathleen Vermillion's teenage daughter.
Vermillion's family members say that call was to report her mother's attempted suicide. In an email to News 3 a city spokesperson explained City Attorney Josh Reid's reason for keeping the dispatch tape private.
The City of Henderson is unable to provide a copy of the requested 9-1-1 tape dated February 3, 2012 concerning former Councilwoman Kathleen Vermillion. While the tape could be considered a public record under NRS chapter 239, NRS 239.010 specifically allows a public body to withhold such a record if declared confidential by law. The City of Henderson is a health care provider under the Health Insurance Portability and Accountability Act (HIPAA) which specifically provides that the City may not release protected heath information unless the individual whose health information is protected provides a release. The 9-1-1 recording contains Ms. Vermillion’s protected health information and Ms. Vermillion has not provided a release to the COH.
Further Nevada statutory law provides numerous provisions for the confidentiality of an individual’s medical information. Under a Donrey v. Bradshaw, 106 Nev. 630 (1990), balancing test – the protection of an individual’s confidential medical information would outweigh the public’s interest in open government. The City of Henderson has provided the time of the 9-1-1 call, identified the caller and provided information about the response time. The information provided satisfies the legitimate public interest in timely response to medical emergencies. The release of the content of the 9-1-1 tape, containing private medical information, serves no genuine public interest.
Vermillion is at the center of two investigations. Vermillion and her former associates, attorney Rob Martin and PR executive Mark Fierro, face a criminal extortion complaint brought on by ex-boyfriend Clark County Commissioner Steve Sisolak.
Sisolak accuses the three of attempting to extort him out of nearly $4 million. Vermillion also faces charges of fraud. A former co-worker of hers accuses Vermillion of misappropriating money from the charity she founded, The Nevada Partnership for Homeless Youth.
