open court vs. chambers with a subpoena?

Question

I have a question for my homework that I just can't seem to figure out. If anyone could help me answer it I would really appreciate it.

Question:

Judge Jones is hearing a motion to order release of substance abuse records pursuant to a subpoena. The hearing...

A. Must be in open court because the records were subpoenaed.
B. May be in open court at the discretion of the judge.
C. Must be heard in chambers and sealed from public scrutiny.
D. May be heard in chambers if the motion so requested.

This is for my lesson on Confidentiality of Health Information. If anyone could tell me which it should be, and why, I would really really appreciate the help and explanation. Thanks in advance!!!

Answer 1

A. The records likely have information that is protected by either the doctor patient privilege or a statute such as HIPPA, both of which prevent publicizing personal medical information. HOWEVER, if the attorneys are not going to discuss the contents of the records openly, just request that they be produced, it is a motion on par with any other motion. Unless there is some compelling reason to seal the proceedings, the judge won't do so.