Confidentiality

Records disclosed by a Referred Manufacturer under 958 CMR 12.00 shall not be a public record under M.G. L. c. 4, § 7 or M.G.L. c. 66 and shall remain confidential; provided, however, that the Commission may disclose the narrative submitted by a Referred Manufacturer pursuant to 958 CMR 12.04(3)(g) and may produce reports summarizing any findings consistent with its responsibilities under M.G.L. c. 6D, § 8A. Such reports shall not identify specific prices charged for or rebate amounts associated with drugs of a Referred Manufacturer and shall not be presented in a manner that is likely to compromise the financial, competitive or proprietary nature of the information. The Commission shall develop and maintain policies and protocols to protect the confidentiality of records received from the Executive Office pursuant to M.G.L. c. 118E, § 12A(g), and 101 CMR 801.05(2) or disclosed by a Referred Manufacturer under 958 CMR 12.00.