(1) Counsel for the requesting party may propose access to confidential information by an employee expert of the requesting party in accordance with the following procedure.

(a) Counsel for the requesting party shall notify legal counsel for the provider, in writing, of the intent to provide confidential information to an employee expert of the requesting party. The notice must contain the name, title, job description, description or previous positions and experience, and area of expertise of the employee expert accessing the information.

(b) Within five days of the provider's receipt of notice, if it is the good faith position of the provider that the designated employee expert should not be given access to the information, the provider must object in writing.

(c) If the requesting party does not receive an objection within the time required, counsel for the requesting party may provide access to the information by the designated employee expert in accordance with the governing protective order.

(d) If the requesting party receives an objection within the time required, the requesting party and provider must attempt to resolve the objection. If the parties are unable to resolve the objection, either may apply to the commission for a ruling. Access to the information shall not be given to the designated employee expert pending ruling by the commission.

(e) The standard applied by the commission in determining a question of employee expert access to confidential information is whether access would be reasonably likely to jeopardize the confidential nature of the information.

(f) A party dissatisfied with a ruling by the commission may appeal to the district court, and, pending appeal, the information must not be disclosed to the designated employee expert.

(2) To avoid unnecessary delay, counsel for the requesting party proposing access to confidential information by an employee expert should commence the above procedure as early as possible in a proceeding.