Kelly Hightower Hibbert focuses her practice on complex healthcare litigation, government investigations, and affirmative recovery matters for healthcare and life sciences clients. She represents clients in high‑stakes disputes before federal and state courts, administrative agencies, and arbitral forums and has extensive experience defending matters involving alleged violations of the False Claims Act.
Kelly represents clients across a broad range of the healthcare industry, including health benefit plans, electronic health record providers, pharmaceutical and medical device manufacturers and distributors, acute‑care hospitals, skilled nursing and long‑term care providers, rehabilitation facilities, and individual health care professionals. Her experience spans all phases of litigation, from pre‑suit investigations through trial and appeal. Kelly’s practice includes:
- Managed Care – Representing clients in reimbursement, compliance, and recovery disputes and affirmative recovery actions involving fraud, waste, and abuse.
- Healthcare Fraud & Abuse – Defending providers, manufacturers, and distributors in matters involving alleged False Claims Act violations.
- Government Investigations – Counseling clients in Department of Justice and other federal and state agency investigations; defending companies in investigations involving regulatory and compliance requirements; advising on matters from initial inquiry through litigation and appeal.
Prior to joining Bass, Berry & Sims, Kelly was a partner at Crowell & Moring LLP and an attorney at Reed Smith LLP. After law school, she served as a judicial law clerk to the Honorable Robert A. Greenberg of the Circuit Court for Montgomery County, Maryland.
Memberships
Women’s White Collar Defense Association
American Health Law Association (AHLA)
Memberships
Women’s White Collar Defense Association
American Health Law Association (AHLA)
Additional Experience
- Succeeded in obtaining a final award on behalf of a managed care client in arbitration involving a chargemaster dispute.
- Managed complex litigation on behalf of fifteen managed care clients in disputes alleging fraud and violations of consumer fraud statutes.
- Succeeded in obtaining two final awards on behalf of a managed care client in arbitrations involving claims breach of contract.
- Defended an electronic health record provider in government investigation into the companyʼs 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.
Additional News & Insights
Publications
- “DOJ and HHS Launch FCA Working Group: Heightened Enforcement Risk for Health Care Entities,” Insights (July 8, 2025)
- “Guide to the COVID-19 Crisis Stark Waivers,” Client Alert (April 9, 2020)
- “Practice Fusion Settlement Highlights Government’s Increasing Focus on Health Information Technology Certification and Financial Relationships in Enforcement Actions,” Client Alert (February 4, 2020)
- “CMS Issues Final Rule Repealing the Prohibition on the Use of Pre-Dispute Binding Arbitration Agreements,” Health Industry Washington Watch (July 30, 2019)
- “The Use of Expert Witnesses in Medical Necessity Cases,” AHLA Connections Magazine (December 15, 2018)
- “CMS Reverses Course in Pre-Dispute Arbitration Agreement Ban,” Health Industry Washington Watch (June 13, 2017)
- “Significant Changes for Long-Term Care Facilities Participating in Medicare and Medicaid Programs Issued by CMS,” Life Sciences Legal Update (October 31, 2016)
Presentations
- “Navigating Health Care Antitrust and False Claims Act Enforcement Under the New Trump Administration,” Healthcare Law & Compliance Institute (September 7, 2025)
- “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 (May 3, 2024)
- “Health Care Recovery: The Universe, Opportunities and Building Your Program,” Healthcare Ounce of Prevention Seminar (HOOPS) 2023-Navigating the Rapid Developments in Health Care (March 16, 2023)
- “Affirmative Recovery: Opportunities for Medicare Plan Sponsors and Medicaid Managed Care Organizations,” ABA National Managed Care Institute (December 15, 2022)
- “No Surprises Act,” Webinar (May 11, 2022)
- “Recent Legislative and Case Law Developments in the Rising Tide of Non-Par Payment Disputes and Surprise Billing,” Healthcare Ounce of Prevention Seminar (HOOPS) 2021: Health Care in the Biden Era (February 22, 2021)
Accolades
Best Lawyers: Ones to Watch® in America — Health Care Law (2024-2026)
Legal 500 United States — Health Insurers, Recommended Lawyer (2025)
The Best Lawyers in America© — Health Care (2023)
Washington, D.C. Super Lawyers — Rising Star (2016-2020)
Catholic University Law Review — Editorial Board (2009-2010)
Accolades
Best Lawyers: Ones to Watch® in America — Health Care Law (2024-2026)
Legal 500 United States — Health Insurers, Recommended Lawyer (2025)
The Best Lawyers in America© — Health Care (2023)
Washington, D.C. Super Lawyers — Rising Star (2016-2020)
Catholic University Law Review — Editorial Board (2009-2010)
