Robert James Provan (September 14, 1944July 6, 2006) was an

attorney at law Attorney at law or attorney-at-law, usually abbreviated in everyday speech to attorney, is the preferred term for a practising lawyer in certain jurisdictions, including South Africa (for certain lawyers), Sri Lanka, the Philippines, and the Unit ...

who practiced in

Texas Texas ( , ; or ) is the most populous U.S. state, state in the South Central United States, South Central region of the United States. It borders Louisiana to the east, Arkansas to the northeast, Oklahoma to the north, New Mexico to the we ...

and is most noted for his bringing the first

lawsuit A lawsuit is a proceeding by one or more parties (the plaintiff or claimant) against one or more parties (the defendant) in a civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today ...

of its kind in the

United States The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 ...

against an

HMO In the United States, a health maintenance organization (HMO) is a medical insurance group that provides health services for a fixed annual fee. It is an organization that provides or arranges managed care for health insurance, self-funded heal ...

on behalf of physician's using the

Americans with Disabilities Act of 1990 The Americans with Disabilities Act of 1990 or ADA () is a civil rights law that prohibits discrimination based on disability. It affords similar protections against discrimination to Americans with disabilities as the Civil Rights Act of 1964, ...

that the

Wall Street Journal ''The Wall Street Journal'' (''WSJ''), also referred to simply as the ''Journal,'' is an American newspaper based in New York City. The newspaper provides extensive coverage of news, especially business and finance. It operates on a subscriptio ...

said was poised to become a major test case and whose rulings have been cited in other cases.

Early life and education

Provan was born on September 14, 1944, in

Vernon, Texas Vernon is a city and the county seat of Wilbarger County, Texas, United States. and as of the 2010 census had a population of 11,002. History The original town was called Eagle Springs by the indigenous community as early as 1858. After t ...

, to James W. Provan Sr. and Alice Louise Provan ( Furr) who shortly after his birth moved to

Chicago Chicago is the List of municipalities in Illinois, most populous city in the U.S. state of Illinois and in the Midwestern United States. With a population of 2,746,388, as of the 2020 United States census, 2020 census, it is the List of Unite ...

Illinois Illinois ( ) is a U.S. state, state in the Midwestern United States, Midwestern United States. It borders on Lake Michigan to its northeast, the Mississippi River to its west, and the Wabash River, Wabash and Ohio River, Ohio rivers to its ...

. At the age of 5, Provan contracted

polio Poliomyelitis ( ), commonly shortened to polio, is an infectious disease caused by the poliovirus. Approximately 75% of cases are asymptomatic; mild symptoms which can occur include sore throat and fever; in a proportion of cases more severe ...

, which left him paralyzed below the neck. Provan was in Chicago Children's Memorial hospital from age 5 to age 10. He had a ground breaking surgery, performed by Dr. Charles Peas, that removed part of his ankle bone and infused it into his spine. His ankle bone was replaced with ivory. He then moved to Texas and graduated from Irving High School in

Irving, Texas Irving is a city in Dallas County, Texas, United States. It is part of the Mid-Cities region of the Dallas–Fort Worth metroplex and is an Inner suburb, inner city suburb of Dallas. Irving is noted for its #Demographics, racial and ethnic diver ...

, he then attended

Slippery Rock University of Pennsylvania Slippery Rock University, formally Slippery Rock University of Pennsylvania (The Rock or SRU), is a public university in the Slippery Rock, Pennsylvania area of the United States. SRU is a member of the Pennsylvania State System of Higher Edu ...

where he received his BS of

Political Science Political science is the scientific study of politics. It is a social science dealing with systems of governance and Power (social and political), power, and the analysis of political activities, political philosophy, political thought, polit ...

. He then attended the

University of Texas School of Law The University of Texas School of Law (Texas Law) is the Law school in the United States, law school of the University of Texas at Austin, a public university, public research university in Austin, Texas. According to Texas Law’s American Bar ...

and received his Doctorage of Jurisprudence degree. On December 19, 1974, Provan was admitted to the

State Bar of Texas The State Bar of Texas (the Texas Bar) is an agency of the judiciary under the administrative control of the Texas Supreme Court. It is responsible for assisting the Texas Supreme Court in overseeing all attorneys licensed to practice law in ...

Career

He served as an assistant attorney general for the

State of Texas Texas ( , ; or ) is the most populous U.S. state, state in the South Central United States, South Central region of the United States. It borders Louisiana to the east, Arkansas to the northeast, Oklahoma to the north, New Mexico to the we ...

. He also served as general counsel for Stephen F. Austin University. Provan started his own law firm, Provan & Associates, which was active until shortly before his death. Provan was an honorary speaker for the National Rights to Life Convention.

Zamora-Quezada v. HealthTexas Medical Group

In 1996, Provan, while having lunch with attorneys from the Texas Medical Association, learned that doctors were being dropped from their HMO contracts because of their treating chronically ill patients, which the HMOs said was too expensive. Provan then proposed a never before used tactic against these HMOs, suggesting to these attorneys that they sue these HMOs under the

and positing: "Can you think of a more important relationship that a person with a disability has, than the one he has with his physician?" With the backing of the Texas Medical Association, and a powerful group of private attorneys, Provan, in 1998, filed his first-of-a-kind lawsuit against five HMO's under the ADA (Zamora-Quezada v. HealthTexas Medical Group, 34 F. Supp. 2d 433 (W.D. Tex. 1998)) on behalf of 10 HMO members who claimed the HMOs made it hard for them to see doctors. In 1999, these HMOs sought to dismiss Provan's lawsuit, but a federal court ruled against them, and the case was settled out of court. Many decisions relating to Provan's unique lawsuit against these HMOs have been cited in other court cases since.

Death

Robert Provan died on July 6, 2006. He developed post-polio complications. He was buried in Lindale, Texas by his only child, Michelle Provan.

Legacy

In 2007, Provan Opportunity Center, a school that serves to intervene socially, emotionally, and academically to help students find their way. The school was opened by Pflugerville Independent School District after recognizing Provan as a "champion of rights for the disabled." A plaque is located inside Irving High School recognizing his achievement as the only student voted class president twice. The Stephen Fuller Austin Statue on the campus of Stephen F. Austin State University's Library Plaza has Provan's name engraved on it, among with other names.

References

External links

"Finding meaning amid my disabilities"
– interview with Robert Provan {{DEFAULTSORT:Provan, Robert 1944 births 2006 deaths Polio survivors American lawyers with disabilities 20th-century American lawyers Texas lawyers Slippery Rock University alumni University of Texas School of Law alumni 21st-century American lawyers