Opioid surcharge

ALBANY, N.Y. — An appeals court in New York reversed a lower court’s decision, finding that a Cuomo-era law levying a surcharge on opioid producers was unconstitutional in part for its retroactivity provision, which barred producers from trying to recoup the 2 cents-per-milligram charge they paid in 2017. They did not receive sufficient notice about that provision, so it violated their due process rights. The lower court must now consider whether any refunds are due.