Identification of a Proposed Supplemental Rebate

(1) Based on all available information, including information the Commission receives from MassHealth under M.G.L. c. 118E, § 12A, from the Referred Manufacturer under 958 CMR 12.04 and from any other interested stakeholders, the Commission may identify a proposed Supplemental Rebate for the Drug. (2) In identifying a proposed Supplemental Rebate for the Drug, the Commission: (a) shall consult the Executive Office and take into consideration any proposed Supplemental Rebate framework previously introduced in negotiations between the Executive Office and the Referred Manufacturer; (b) may, as part of its consultation with the Executive Office, share information received from the Referred Manufacturer with the Executive Office; and (c) may base the proposed Supplemental Rebate on a proposed value of the Drug as identified by the Commission.