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Kelly Hightower Hibbert

Partner | She/Her/Hers
Partner | She/Her/Hers
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Areas of Focus

Overview

Kelly Hightower Hibbert is a partner in Crowell & Moring’s Washington, D.C. office, where she is a member of the firm’s Health Care Group. Kelly focuses her practice on complex commercial litigation before federal and state courts, administrative agencies, and arbitral forums. She is also experienced in defending government investigations involving False Claims Act allegations. In addition to her work as defense counsel, Kelly represents health care clients pursuing recovery of monies lost as a result of fraud, waste, and abuse.

Kelly has represented clients in multiple spaces within the health care industry, including health benefit plans, electronic health record providers, pharmaceutical and medical device manufacturers, pharmaceutical distributors, acute-care hospitals, skilled nursing facilities, long-term care providers, rehabilitation centers, and individual health care providers. In her extensive experience, she has managed a variety of cases from the investigative stage through appeal. Kelly has taken and defended the depositions of fact and expert witnesses. She has drafted and argued numerous discovery, in limine, and dispositive motions, as well as appellate briefs, at the federal and state court levels. She has also successfully represented clients as a second-chair trial team member in multiple jury trials to verdict.

During law school, Kelly served on the editorial board of the Catholic University Law Review and represented the Columbus School of Law at multiple regional and national moot court competitions, where she received best brief and overall best oral advocate awards. She was also an extern for the Honorable Leonard Braman in the Superior Court of the District of Columbia.

Following law school, Kelly clerked for the Honorable Robert A. Greenberg in the Circuit Court for Montgomery County, Maryland. Prior to joining Crowell & Moring, Kelly was a counsel at a large law firm in Washington, D.C., where she practiced as a litigator servicing the firm’s health care and life sciences clients.

Career & Education

    • University of Maryland, College Park, B.A., 2006
    • Catholic University of America, Columbus School of Law, J.D., Magna cum Laude, 2010
    • University of Maryland, College Park, B.A., 2006
    • Catholic University of America, Columbus School of Law, J.D., Magna cum Laude, 2010

    • District of Columbia
    • Maryland
    • District of Columbia
    • Maryland

  • Professional Activities and Memberships

    • Defense Research Institute
    • American Health Lawyers Association

    Professional Activities and Memberships

    • Defense Research Institute
    • American Health Lawyers Association

Kelly's Insights

Client Alert | 3 min read | 07.08.25

DOJ and HHS Launch FCA Working Group: Heightened Enforcement Risk for Health Care Entities

On July 2, 2025, the U.S. Department of Justice (DOJ) Civil Division and the U.S. Department of Health and Human Services (HHS) jointly announced the formation of a False Claims Act (FCA) Working Group. This new initiative underscores a coordinated federal enforcement strategy focused on identifying and addressing fraud in federally funded health care programs, particularly Medicare Advantage and Medicaid managed care. The announcement comes days after Matthew R. Galeotti, Head of DOJ’s Criminal Division, announced the results of the “largest coordinated health care fraud takedown in the history of the Department of Justice”  and the creation of a “Health Care Fraud Data Fusion Center” comprised of data specialists that will “break down information silos, using coordinated data analysis to enable our investigative teams to quickly identify and dismantle emerging fraud schemes.” Taken together, these announcements demonstrate the DOJ’s effort—in both civil and criminal divisions—to strengthen its collaboration with HHS to investigate and prosecute health care fraud....

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Representative Matters

  • Defended an electronic health record provider in government investigation into the company’s compliance with requirements of the federal Meaningful Use EHR Incentive Program.
  • Represented a pharmaceutical distributor in multidistrict litigation, including bellwether cases, involving prescription opioid medications.
  • Represented a medical device manufacturer in massive multidistrict litigation involving transvaginal and hernia mesh products.
  • Served as outside counsel to the Advanced Medical Technology Association (AdvaMed), an international trade association of medical technology manufacturers. 
  • Defended multiple nationwide nursing home chains in False Claims Act litigation brought by qui tam relators and the Department of Justice.
  • Succeeded in obtaining a defense verdict on behalf of multiple physicians sued for medical malpractice in the Circuit Court for Montgomery County, Maryland, after a six-day jury trial.
  • Succeeded in obtaining a defense verdict on behalf of a physician sued for medical malpractice in the Circuit Court for Montgomery County, Maryland, after a five-day jury trial.
  • Successfully briefed and argued in the Court of Special Appeals of Maryland on behalf of a local hospital.

Kelly's Insights

Client Alert | 3 min read | 07.08.25

DOJ and HHS Launch FCA Working Group: Heightened Enforcement Risk for Health Care Entities

On July 2, 2025, the U.S. Department of Justice (DOJ) Civil Division and the U.S. Department of Health and Human Services (HHS) jointly announced the formation of a False Claims Act (FCA) Working Group. This new initiative underscores a coordinated federal enforcement strategy focused on identifying and addressing fraud in federally funded health care programs, particularly Medicare Advantage and Medicaid managed care. The announcement comes days after Matthew R. Galeotti, Head of DOJ’s Criminal Division, announced the results of the “largest coordinated health care fraud takedown in the history of the Department of Justice”  and the creation of a “Health Care Fraud Data Fusion Center” comprised of data specialists that will “break down information silos, using coordinated data analysis to enable our investigative teams to quickly identify and dismantle emerging fraud schemes.” Taken together, these announcements demonstrate the DOJ’s effort—in both civil and criminal divisions—to strengthen its collaboration with HHS to investigate and prosecute health care fraud....

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Recognition

  • Super Lawyers: Washington D.C., Rising Star, Health Care, 2016-2020
  • The Best Lawyers in America: Health Care, 2023
  • Best Lawyers: Ones to Watch in America Health Care Law, 2024

Kelly's Insights

Client Alert | 3 min read | 07.08.25

DOJ and HHS Launch FCA Working Group: Heightened Enforcement Risk for Health Care Entities

On July 2, 2025, the U.S. Department of Justice (DOJ) Civil Division and the U.S. Department of Health and Human Services (HHS) jointly announced the formation of a False Claims Act (FCA) Working Group. This new initiative underscores a coordinated federal enforcement strategy focused on identifying and addressing fraud in federally funded health care programs, particularly Medicare Advantage and Medicaid managed care. The announcement comes days after Matthew R. Galeotti, Head of DOJ’s Criminal Division, announced the results of the “largest coordinated health care fraud takedown in the history of the Department of Justice”  and the creation of a “Health Care Fraud Data Fusion Center” comprised of data specialists that will “break down information silos, using coordinated data analysis to enable our investigative teams to quickly identify and dismantle emerging fraud schemes.” Taken together, these announcements demonstrate the DOJ’s effort—in both civil and criminal divisions—to strengthen its collaboration with HHS to investigate and prosecute health care fraud....

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Insights

Client Alert | 3 min read | 07.08.25

DOJ and HHS Launch FCA Working Group: Heightened Enforcement Risk for Health Care Entities

Firm News | 8 min read | 08.15.24

The Best Lawyers in America 2025 Recognizes 42 Crowell & Moring Attorneys, Three Selected as Lawyer of the Year

Speaking Engagement | 05.07.24

"False Claims Act Update and Fraud and Abuse Enforcement Priorities," Health Ounce of Prevention Seminar, Crowell & Moring , 2024.

Speaking Engagement | 05.03.24

"Fraud and Abuse: MCO Takeaways from Recent Investigations and Enforcement Activity in the Healthcare Industry," 15th Annual Advanced Forum on Managed Care Disputes and Litigation, Chicago, IL

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Practices

Industries

Kelly's Insights

Client Alert | 3 min read | 07.08.25

DOJ and HHS Launch FCA Working Group: Heightened Enforcement Risk for Health Care Entities

On July 2, 2025, the U.S. Department of Justice (DOJ) Civil Division and the U.S. Department of Health and Human Services (HHS) jointly announced the formation of a False Claims Act (FCA) Working Group. This new initiative underscores a coordinated federal enforcement strategy focused on identifying and addressing fraud in federally funded health care programs, particularly Medicare Advantage and Medicaid managed care. The announcement comes days after Matthew R. Galeotti, Head of DOJ’s Criminal Division, announced the results of the “largest coordinated health care fraud takedown in the history of the Department of Justice”  and the creation of a “Health Care Fraud Data Fusion Center” comprised of data specialists that will “break down information silos, using coordinated data analysis to enable our investigative teams to quickly identify and dismantle emerging fraud schemes.” Taken together, these announcements demonstrate the DOJ’s effort—in both civil and criminal divisions—to strengthen its collaboration with HHS to investigate and prosecute health care fraud....

View All Insights