When Is A Bribe Not A Bribe?

The LV Sun is reporting that a man has come forward with inside information regarding the UMC patient data leak scandal. If you don't recall the story, UMC was accused back in November 2009 of selling patient information to local attorneys who could then use the info to contact potential clients.

According to the Sun's latest story, UMC was also selling referrals to local doctors. The Sun spoke to Dr. Steven Holper, who claimed that he was approached by the "manager" of a local PI law firm with an "unusual proposal" on how to get patient referrals from UMC: give a gift card to a particular, well-placed employee of the hospital.

Holper, being the upstanding citizen that he is, immediately purchased a $200 gift card to P.F. Chang’s China Bistro and delivered it to Deep Throat ... you know, just out of curiosity. The LV Sun describes the exchange:

Leichty [Holper's girlfriend/gift card mule] told the Sun that the encounter with the hospital employee was awkward, possibly because three people were within earshot of their conversation. She thought the hospital employee expected the visit, so she handed the employee the gift card and explained it was a gift from Holper.

The employee “looked surprised,” Leichty said — and kept the gift card.

Holper later realized there was a hitch to the referral plan: He did not have credentials to practice at UMC, which would be required to accept its patients. The law firm manager urged him to start the process, Holper said.

Awwww maaaannnn! Maybe next time Holper will read the fine print before attempting to bribe someone. Holper, of course, had no idea he was doing anything wrong ... it was all that sneaky "law firm manager":

Parts of the law firm manager’s pitch made Holper wonder if the deal was legitimate. For example, the manager allegedly emphasized it was just a gift card — not a bribe — to help the UMC employee remember to send the doctor patients.

It’s just something nice for Christmas so (the UMC employee will) remember you, Holper recalls the manager saying about the gift card.

So, let's get this straight. Holper managed to make it through medical school, yet somehow was convinced by a "law firm manager" that a bribe isn't a bribe so long as it's paid in Chang's Spicy Chicken? Sounds fish-saucy to us. Holper's justification is even better:

Holper figured the plan would benefit everyone involved. The gift card seemed harmless, he reasoned, and patients who couldn’t pay for their care or were uninsured would benefit because he would not charge them for medical care. Instead, he would refer them to the law firm that, according to the plan, would represent the patient in litigation and use a jury award or settlement to pay the doctor’s fees and its legal fees. Because doctors refer patients to attorneys frequently, he said, there was no problem sending the patients to this law firm.

Yeah, win-win-win. Doctors and law firms working together to achieve a common goal, no problem there ... what could possibly go wrong? Funny how there's no mention of the types of patients that would be referred, just anyone who couldn't pay the doctor's bill. "Been to UMC, you need a check!" ... just doesn't have the same ring to it.

Holper's only regret?

Holper now wonders why the employee accepted the gift card.

“I want my $200 gift certificate back!” he said.

Somehow we think the good doctor is missing the big picture here.

What are your thoughts, commenters? Is Dr. Holper a do-good-know-nothing-whistle-blower, or is something else going on here? We'd love to hear the inside scoop if any of you know which firms are about to be dragged into this mess.

(LV Sun)