(1) The Commission shall provide written notice to each Referred Manufacturer. Such notice shall state that:

1. (a) the Commission has received notice from the Executive Office identifying the Referred Manufacturer as a Manufacturer of a Drug for which

   1. 1. negotiations with the Executive Office for a Supplemental Rebate have been unsuccessful and
   2. 2. the Executive Office has determined to be a High-cost Drug pursuant to 101 CMR 801.00;
2. (b) the Referred Manufacturer must provide the information specified in 958 CMR 12.04(1);
3. (c) any information disclosed by the Referred Manufacturer under M.G.L. c. 6D, § 8A or 958 CMR 12.00 shall be accompanied by a signed Attestation Form as specified in 958 CMR 12.04(6); and
4. (d) information disclosed by the Referred Manufacturer under M.G.L. c. 6D, § 8A or 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 12.04(3)(g) and may produce reports summarizing findings based on such records 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.