Determination of Potentially Unreasonable or Excessive Pricing

After receiving the completed responses from the Referred Manufacturer pursuant to 958 CMR 12.04, the Commission shall make a determination to close review, and so notify the Referred Manufacturer, or, by a vote of the Board, shall make a determination that the Referred Manufacturer's pricing of the Drug is potentially unreasonable or excessive in relation to the value of the Drug as identified by the Commission and to continue review pursuant to 958 CMR 12.09. The Commission shall publicly post a summary of the rationale for determining that the Referred Manufacturer's pricing of the Drug is potentially unreasonable or excessive in relation to the value of the Drug and a list of any third-party cost-effectiveness analysis relied upon in identifying the proposed value.