Yearly Archives: 2018

Port Jeff parent talks autism, therapeutics on Capitol Hill

by TBR Staff - August 8, 2018

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Lambe-WashingtonDC — Andrea Lambe, right, of Port Jeff, poses with Sen. Tim Scott and fellow parent with an autistic child, Karla Peterson, in Washington. Photo from Andrea Lambe

By Amanda Perelli

A Port Jefferson resident joined a contingent that trekked to Washington, D.C., to advocate for facilities that offer therapeutic treatments for mental health disorders like autism.

Andrea Lambe headed to Capitol Hill in May and spoke with lawmakers on the role of therapeutic treatment programs and to call for improvements to the credentialing process for therapeutic schools and programs.

Her son, Joseph, has severe autism and lives at the Anderson Center for Autism, located in Staatsburg. Lambe drives about three hours every weekend to see him, because places like these are rare around the country.

“He’s in a good place that allows all kinds of involvement,” Lambe said. She has gotten involved beyond caring for the needs of her son, joining an advocacy group that the Anderson Center formed for parents.

The center is a member of the National Association of Therapeutic Schools and Programs, an organization whose mission is to serve “as an advocate and resource for innovative organizations which devote themselves to society’s need for the effective care and education of struggling young people and their families,” according to its website.

“NATSAP members join together to have a voice in Washington, D.C., because we believe it’s imperative to educate legislators on the importance of tackling mental health issues including autism,” said Megan Stokes, executive director of NATSAP, in a statement. “We explained to those on the Hill how NATSAP programs help fill the gap of mental health programs for adolescents and young adults that are not being met by publically funded programs.”

Lambe met up with some two dozen other people from different therapeutic schools around the country.

“We discussed the role of therapeutic treatment programs in today’s society and how these programs benefit at-risk adolescents and young adults confronting serious and life-threatening mental health issues including autism,” Lambe said. “We emphasized the stringent credentials required of those facilities that are NATSAP member programs.”

She met with U.S. Sen. Kirsten Gillibrand (D-New York) and Rep. Lee Zeldin (R-Shirley) as part of a 15-member delegation from NATSAP as well as Rep. John Faso (R-New York), Rep. Mark Sanford (R-South Carolina) and members from the offices of Sen. Lindsey Graham (R-South Carolina), Sen. Tim Scott (R-South Carolina) and Rep. Mark Walker (R-North Carolina).

“I loved it because I feel like we are so welcome because it’s such a bipartisan issue,” Lambe said. “Everyone can relate to it. I almost feel like they are welcoming us in to tell our stories. I was shocked and really amazed with how much time they spent with us and how, Democrat or Republican, they all seemed to be genuinely concerned and gave us a lot of time to tell our stories.”

Lambe said Faso agreed to tour the Anderson school and see the environment.

“No one really knows how to deal with this population and it just kind of gets scrambled and tossed aside sometimes,” Lambe said. “The big problem is when he turns 21 and the school district says goodbye. There is very limited housing — another huge issue for the aging autism population.”

The NATSAP delegation discussed its desire to promote legislation that improves the credentialing process for all therapeutic schools and programs in North America, according to a press release.

Theater Review: Theatre Three’s ‘Alice’ is full of wonders

by Heidi Sutton - August 8, 2018

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'Alice' — From left, The March Hare, The Dormouse and The Mad Hatter invite Alice to a Mad Tea Party in a scene from the show.

By Heidi Sutton

Oh my ears and whiskers! For too short a time, Theatre Three’s Children’s Theatre will present the musical “Alice’s Most Decidedly Unusual Adventures in Wonderland,” a modern twist on the Lewis Carroll classic novel of a girl named Alice who falls down a rabbit hole and has a most peculiar experience. Although the story is over 150 years old, it has remarkable staying power and is considered to be one of the best examples of the literary nonsense genre.

Written by Jeffrey Sanzel and Kevin F. Story, the show opens on a rainy day at Camp Lackaday Woods. The campers are bored and the lodge counselor tries to keep them entertained indoors with a sing-along. One of the campers named Alice (Meg Bush) sees a white rabbit (Heather Kuhn) appear and follows it, only to fall down a rabbit hole and meet The Cheshire Cat (Mark Jackett). “Which way should I go?“ she asks him. “It matters not where you go. When you get there you’ll find yourself here,” is the grinning reply, setting the tone for what’s to follow — a mind-bending production that’s simply delightful.

Alice meets The Caterpillar in a scene from the show.

During her “unusual adventures” Alice takes part in a “What’s Your Name” contest with The Caterpillar (Nicole Bianco); has a tea party with The Mad Hatter (Steven Uihlein), The March Hare (Kayla Jones) and The Dormouse (Julianna Bellas); hitches a ride with The White Knight (Matt Hoffman); meets Tweedledee (Jones) and Tweedledum (Hoffman); and is invited to a game of croquet by The Queen of Hearts (Ginger Dalton). When the kingdom’s tarts go missing, Alice is accused of stealing and must stand trial. Will she be found guilty by the queen and lose her head?

Of course, a show like this would not be possible without the supporting cast — members of the theater’s Preteen and Advanced Preteen summer acting workshop who play numerous roles including a deck of cards, flowers and contestants in a game show. The entire cast does a fantastic job.

Directed by Sanzel, the script is filled with riddles and jokes and the musical numbers, accompanied on piano by Douglas Quattrock, are terrific, especially “Tea!” by Uihlein (“We’re all mad here!”) and “Off With Their Heads” by Dalton (“Nothing cheers me up like a good clean chop!”).

Yes, the play is lots of nonsense, as Alice would say, but it sure is fun to watch. Don’t even try to figure it all out. It’s time to throw logic out the window and just sit back, relax and enjoy the show.

Buy a snack or beverage during intermission. Booster seats are available. Meet the cast in the lobby after the show for photos.

Theatre Three, 412 Main St., Port Jefferson will present three more performances of “Alice’s Most Decidedly Unusual Adventures in Wonderland” on Aug. 10 at 11 a.m. and Aug. 11 at 11 a.m. and again at 2 p.m.

Children’s Theatre continues with “Kooky Spooky Halloween” from Oct. 6 to 27 and “Barnaby Saves Christmas” from Nov. 23 to Dec. 29. All seats are $10. To order, call 631-928-9100 or visit www.theatrethree.com.

Photos by Peter Lanscombe, Theatre Three Productions Inc.

State Farm, ProLiner Rescue restore, donate van to Hope House Ministries

by Alex Petroski - August 7, 2018

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hope house vanw — At Hope Academy at Little Portion Friary in Mount Sinai, representatives from State Farm pass off keys to a Ford van to Charlie Russo to be used by Hope House Ministries. Photo by Alex Petroski

The private sector stepped up to help the helpers Aug. 3.

Through a program called Recycled Rides, which creates partners between insurance providers and auto-repair companies to repair and donate vehicles to those in need, a Ford E series van was donated to Port Jefferson-based Hope House Ministries during a ceremony held at its Mount Sinai location, Hope Academy at Little Portion Friary Friday. Recycled Rides is an initiative started about 10 years ago by the National Auto Body Council, a not-for-profit organization aimed at improving the image of collision industry professionals. In this case, ProLiner Rescue auto-repair shop in Medford and State Farm teamed up to facilitate the donation.

“We brought [ProLiner Rescue] the van, it was a mess,” said Steven Wisotsky, Metro New York Salvage Unit agent at State Farm.

Wisotsky said the vehicle had been stolen. When it was recovered and ultimately purchased by State Farm, it was missing parts, there was substantial damage to its body, and other mechanical work and a paint job were also needed. The repair shop did all the work free of charge.

Steven Wisotsky of State Farm with Charlie Russo of Hope House Ministries. Photo by Alex Petroski

“It’s phenomenal — we don’t have any federal funding or state funding, so for us, everything that we get is so appreciated,” said Charlie Russo, Hope House Ministry’s board chairman. “To have to go out and buy something like this, we can’t budget for. All of our money goes to direct services. It’s a phenomenal gift from this community, we receive so many gifts from this community. Just their support — emotional support, monetary support — and the amount of volunteers that come from our community, it’s just amazing.”

Russo said the van would be used to transport necessary supplies to and from the organization’s 10 facilities, which are dedicated to serving individuals in crisis on Long Island since 1980. The chairman said the van was much needed, though he mentioned Ramp Motors in Port Jefferson Station has also been generous in supplying Hope House with transportation-related needs in the past.

Brookhaven Town councilmembers, Kevin LaValle (R-Selden) and Jane Bonner (C-Rocky Point), were among the elected officials in attendance to commend the companies for their generosity.

Volleyball tournament to raise funds for firefighter’s memorial foundation

by Rita J. Egan - August 7, 2018

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DiBernardo4w — An Aug. 23 volleyball tournament will help raise funds to buy bailout systems for firefighters through the Lt. Joseph P. DiBernardo Memorial Foundation. DiBernardo, right, is pictured with his father Joseph DiBernardo Sr., left. File photo

Local firefighters are training to serve up some fun and to help members of firehouses around the country.

On Aug. 23, a 4-on-4 volleyball tournament will be held at the Holiday Inn Express Stony Brook with fire departments competing to win and raise money for the Lt. Joseph P. DiBernardo Memorial Foundation. The money raised will help to buy “bailout systems” for fire departments who lack the vital equipment. The personal escape kits are used when rescue workers find themselves in fires that are difficult to escape, like when they are a few floors up, a building collapses or there is a backdraft.

Joseph DiBernardo after recovering from shattering both his feet and breaking bones below his waist. File photo

Tanya Lee, the hotel’s director of sales and marketing, said she came up with the idea for the fundraiser when DiBernardo’s father, Joseph DiBernardo Sr., stopped by the hotel to book a workshop. Lee, who is a volunteer with the Centereach Fire Department along with her son, said she was looking for a way the hotel could give back to the community and saw DiBernardo’s visit as a sign. She said she discovered while talking to him that many fire departments in the country don’t have the funds to pay for bailout systems and the training required to use them, which together can cost up to $1,000 per firefighter depending on the manufacturer.

“It was kind of like that ‘Aha’ moment,” Lee said. “Like he walked right in when I was looking to do something for the community.”

DiBernardo Jr., who was a volunteer with the Setauket Fire Department, was one of three New York City Fire Department firefighters injured during a tenement fire in the Bronx in 2005. Three firefighters also died in the blaze, and the tragedy was called “Black Sunday.” During the fire, DiBernardo Jr. helped his fellow firefighter Jeff Cool escape the building using a rope and then secured it to a child safety guard to lower himself from a window. The rope broke, and DiBernardo Jr. fell four stories, breaking practically every bone from his waist down and shattering both feet. During his recovery in the hospital, he suffered respiratory arrest and
developed pneumonia. While DiBernardo retired as a firefighter due to his injuries, he traveled the country and assisted in safety trainings for firefighters despite the physical pain he continued to suffer, according to his father. In 2011, the firefighter died from the injuries he sustained in the 2005 Bronx fire. In 2013, the DiBernardo family, members of the Setauket Fire Department and Cool established the foundation.

“We decided to [start] the foundation, so no other firefighter would have to die due to lack of personal safety ropes,” DiBernardo Sr. said.

Lee said the 4-on-4 tournament will consist of eight teams that will compete in a 15-point game until one team is left standing. For teams that are eliminated earlier in the tournament and for spectators, there will be a Cornhole toss, raffles, food and beverages. Attendees who stay overnight at the hotel will also receive a discount on their room.

“I just want them to feel good about helping their brothers, whether they’re a fire department in Schenectady or they’re a fire department here, they’re all brothers,” Lee said.

“I just want them to feel good about helping their brothers, whether they’re a fire department in Schenectady or they’re a fire department here, they’re all brothers.”

— Tanya Lee

So far there are five teams consisting of firefighters set to participate — FDNY, Hicksville, Jericho, Selden and Centereach. Kevin Yoos, fire commissioner with the Setauket Fire District and vice president of the foundation, said volunteers in Setauket are currently organizing a team. Lee said there will also be a team consisting of Gold Coast Bank employees.

The tournament was one that John Tsunis, the owner of Holiday Inn Express Stony Brook, said he was on board from the moment he heard about it. The hotel donated $1,000 to the tournament, and it will be awarded to the winning team, according to the hotel owner. Tsunis, who is also CEO and chairman of Gold Coast Bank, said he believes in giving back to the community the hotel serves.

“We’re not big hotels in Las Vegas or international banks in New York City,” Tsunis said. “We’re neighbors and friends, and we work together, and we live together.”

DiBernardo Sr., who is a retired FDNY firefighter, said his son wanted to fight fires since he was a kid. He would play with fire trucks as a child, and when he was a bit older, would visit his father at work at his station house in Brooklyn.

When he was 18, DiBernardo Jr. became a fire alarm dispatcher on Long Island, and the next year he became a volunteer with the Setauket Fire Department, according to his father. During his tenure with the department, he became a lieutenant and captain. In 1993, DiBernardo Jr. became an FDNY fire alarm dispatcher, and in 1995, his dream of becoming a firefighter in the city was achieved.

“That’s what he always wanted,” the father said. “It’s nice to see your son achieve his dreams.”

The father said he was touched when he heard about the volleyball tournament and the $1,000 donation.

“Someone would care in the community to do something for us like that … it’s fantastic,” he said.

The Holiday Inn Express Stony Brook is located at 3131 Nesconset Highway, Stony Brook. Entry donation is $20 for players and spectators and includes food and beverages. For more details about the event, contact Tanya Lee at 631-471-8000. Or visit www.facebook.com/HIExpressSB/ for a link to sign up. For more information on the Lt. Joseph P. DiBernardo Memorial Foundation, visit www.joeydfoundation.org.

7-Eleven coming to old McCarrick’s site in Rocky Point

by Kyle Barr - August 7, 2018

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McCarricks-Dairy-1-080418_Kyle-Barrw — The site of McCarrick's Dairy in Rocky Point, which closed its doors in 2017, will become a 7-Eleven. Photo by Kyle Barr

The shuttered McCarrick’s Dairy, a fixture in Rocky Point for 71 years, might soon be bearing the green, white and orange colors of the ubiquitous 7-Eleven logo.

The Brookhaven Town planning board approved the plans for the new 7-Eleven at its July 30 meeting. The half-acre property, owned by Rocky Point based Dairy Farm LLC, at the northwest corner of North Country Road and Harding Street will be renovated to have 43 parking spots in front and behind the main building. Plans for the 3,800 square foot renovated structure are prohibited from including neon signage, and outdoor sales and storage in an effort to stay true to the residential nature of the area, according to recommendations by the planning board.

A number of residents view the new 7-Eleven as a major change from the old McCarrick’s Dairy, which they considered a small grocery store more so than a typical convenience store.

“A convenience store is something that is a grab-and-go,” Rocky Point resident Anita LoPiccolo said at the July 9 planning board meeting. “McCarrick’s was a family run, community supported business that encouraged community closeness.”

Charles Bevington, the president of the Rocky Point Civic Association, said he is concerned with how many convenience stores already existing in downtown Rocky Point. There are already two other 7-Elevens in the hamlet; one on the corner of Route 25A and Rocky Point Yaphank Road and another next to Westchester Drive.

“Rocky point is apparently drinking a lot of coffee,” Bevington said. “We will soon have 10 to 12 convenience stores in a matter of two miles.”

Kevin McCarrick, co-owner of McCarrick’s Dairy before it closed in 2017, said before they received an offer from 7-Eleven, they had been searching for another local business to take their place, but they could not find any potential buyers.

“We started out seeking those operators who had shops like ours, but unfortunately they are a dying off breed.”

— Kevin McCarrick

“We started out seeking those operators who had shops like ours, but unfortunately they are a dying off breed,” McCarrick said. “All kinds of stores sell all kinds of products now and it’s really diluting the product mix. It becomes very difficult to maintain margins.”

He said by not opening another shop similar to the old McCarrick’s, ultimately he was protecting the business of shops like Shop With Us in Shoreham and the Handy Pantry further down from McCarrick’s in Rocky Point.

“There is a difference between a 7-Eleven customer and a customer of those types of shops, and both those stores are doing better and will continue to do better with a 7-Eleven than even if we remained there,” McCarrick said. “It will probably do more business than our store used to do.”

Some residents were concerned about the safety and lighting at the location, citing the potential for crime and litter. McCarrick said the location already has two spotlights that light up the property as well as the adjoining residential park. The 7-Eleven will also have a 10- by 20-foot garbage enclosure and surrounding bushes and fences to prevent trash from blowing onto neighboring yards.

Some in the community are excited for the new 7-Eleven. Nancy Hoffman, a direct support professional at the Association for Habilitation and Residential Care Rocky Point residential group home facility located off Harding Street, said she and other workers at the home were looking forward to the opening of the new convenience store.

“We will be take some of the residents there, and it will just be more convenient,” Hoffman said.

McCarrick said they plan to start renovations on the store in about a month. Representatives from 7-Eleven said the location would be operated by corporate for an unspecified amount of time until they could find a person who would wish to franchise the store.

Paige Keely memorial installed at Nesconset gazebo

by Sara-Megan Walsh - August 7, 2018

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Town of Smithtown residents now have a place where they can sit down to remember the life of 6-year-old Paige Keely along with other children who have died too soon.

Three Nesconset residents Danielle Hoering, Bridget Scher and Sasha Worontzoff, members of Tackan Elementary School’s Parent-Teacher Association, spearheaded the creation of a memorial to Paige Keely installed at Nesconset gazebo Aug. 2.

Paige Keeley. Photo from St. James Funeral Home

The 6-year-old Paige was first-grader at St. James Elementary who died suddenly of a rare, undetected brain condition called arteriovenous malformation Jan. 8. It’s an abnormal development of blood vessels that connect arteries and veins, which occurs in less than 1 percent of the population, according to the Mayo Clinic, a nonprofit academic medical center based in Minnesota.

“I know what it’s like to lose someone,” Worontzoff said. “People end up forgetting after a while or move onto the next big thing and we didn’t want people to.”

The St. James community initially showed its support for Keely’s parents, Tom and Gina, along with her two siblings by tying pink ribbons – Paige’s favorite color – around trees, stop signs and telephone poles in the community. Now, there is a permanent pink ribbon at the Nesconset gazebo.

In memory of Paige and all children who have died, a cherry blossom tree donated by Borella Nursery Wholesale Growers in Nesconset was planted near the gazebo as it will blossom with pink flowers each year. The tree was surrounded by a garden with a stone plaque, and a white bench inscribed a pink ribbon dedicating it “In Memory of Paige Keely.” The Town of Smithtown Parks, Building & Grounds Department helped install the memorial.

“We wanted to do it in a public area so that all families could come and enjoy it, not just at a school,” Scher said. “We just wanted a spot where people can sit and reflect or pay respect to Paige and the family.”

The gazebo was selected as the memorial site because several public events like the Nesconset Concert series are hosted at the park, attracting families and community members. Local businesses and those in the community donated money to help fund the project.

“People end up forgetting after a while or move onto the next big thing and we didn’t want people to.”

– Sasha Worontzoff

“We wanted each person and each establishment to have a sense of contribution to this permanent fixture in our community,” Worontzoff said. “We really just wanted Nesconset people to help and be a part of it.”

Worontzoff and Hoering had to get permission from Smithtown’s elected officials in order to build the memorial on town-owned land.

“We were so grateful and appreciative that the parks and rec and Town Hall were so quick and knew our story ahead of time,” Worontzoff said. “It was wonderful.”

She hopes local Boy Scout and Girl Scout troops will maintain the memorial and keep it in good condition throughout the years.

This is the second memorial to be constructed in Paige’s memory. Earlier this summer, St. James Elementary School dedicated a butterfly garden on its grounds at the Keely family’s request.

Brookhaven voters to weigh in on changes to elected officials’ terms

by Alex Petroski - August 6, 2018

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Romaine-Budget-2015_01_barkleyw — Brookhaven Town Supervisor Ed Romaine. File photo by Erika Karp

Although politicians in Brookhaven Town are not up for election this cycle, voters will be asked a question with long-term implications for town government in November.

Brookhaven Town board voted unanimously to establish a referendum on the ballot Nov. 6 asking town residents to weigh in on changes to terms in office for elected officials, specifically increasing terms from two years, as is currently the law, to four years for councilmembers, the supervisor and highway superintendent. The referendum will have a second component as part of the same yea or nay question: limiting officials to three terms in office. That component would impact the above positions, as well as town clerk and receiver of taxes. Both components will appear as part of a single proposition, according to Town Attorney Annette Eaderesto. Putting the issue up to a vote was established as a result of an Aug. 2 public hearing. If passed the law would go into effect for terms beginning Jan. 1, 2020.

“[The voters] have, in the past weighed in, and whatever they weighed in to is not being listened to now,” Supervisor Ed Romaine (R) said during the hearing. “Maybe that’s fine with them, maybe it’s not, but I would like to go back and ask them, ‘what do you think?’”

In 1993, residents voted to implement a limit of three, four-year terms on elected officials, though that law was no longer applicable following a 2002 public vote to establish council districts, as state law dictates councilmembers in towns with council districts serve two-year terms, according to Emily Pines, Romaine’s chief of staff and a former New York State Supreme Court justice, who spoke during the hearing.

Several members of the public commented in opposition of various aspects of the referendum, saying the two components should be separated to be voted on individually; there’s not enough time to untangle issues with the language of the law, like what to do with an individual who served as a councilperson for 12 years and then is elected to another position such as supervisor; and how to handle time already served by current members. Others cited shorter terms as fostering more accountability for elected representatives.

“I think it’s too complex to be one resolution,” said Jeff Kagan, a resident and representative from Affiliated Brookhaven Civic Organization. “I think you’re asking the voters to vote on somethings they like and somethings they may not like.”

Anthony Portesy, the Democrat candidate for town highway superintendent in 2017 and a private attorney, spoke against extending terms to four years, but said he would be in favor of three years because having to campaign every two years can be “arduous.”

“While I’m not opposed to the extension of terms per se, four-year terms is an eternity in politics, too long for hyperlocal town races,” he said. “We don’t want to create electoral feudalism in Brookhaven through the coercive powers of incumbency.”

Patchogue Village Mayor Paul Pontieri spoke in favor of going to four-year terms during the hearing about having to run for office every two years, saying it can get in the way of accomplishing goals set forth at the beginning of a term. Romaine and councilmembers Valerie Cartright (D-Port Jefferson Station), Jane Bonner (C-Rocky Point) and Kevin LaValle (R-Selden) each expressed similar sentiments when asked if they intend to support the idea in early July when the public hearing was set.

“You don’t have the constant churning in politics that can sometimes undermine the system,” Romaine said. “It allows for long-range planning and programs. It takes the politics out of local government.”

Eaderesto said the town’s law department will draft the wording as it will appear on the ballot in November and share it with the town board prior to submitting it to the Suffolk County Board of Elections by Oct. 1.

Summer family fun reigns at East Northport fair

by Sara-Megan Walsh - August 6, 2018

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East Northport residents and their families flocked to the East Northport Fireman’s Fair this past weekend.

The East Northport Fire Department kicked off its annual community fair Aug. 1 with a parade. The four-day festival featured rides, carnival games and live music to entertain all ages. Click through the gallery above to see if TBR News Media caught your family having fun.

Caption This Photo! contest

by Heidi Sutton - August 6, 2018

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Jay Gao of Stony Brook captured this photo in his backyard on July 15 using a Nikon D5500. He writes, “It was in the late afternoon when we noticed these two squirrels were playing around on the ground. Had just enough time to grab my camera and to take a couple shots before they disappeared into pine trees.”

Share your best caption for this adorable photo at [email protected]. The reader with the most original title will be announced in the Aug. 16 issue and win a family four-pack to the children’s production of “Shrek The Musical,” now playing at the John W. Engeman Theater through Sept. 2. Open to all ages. Deadline to enter is Aug. 11. Good luck!

Attorney At Law: Gifting and Medicaid planning

by Nancy Burner Esq., CELA - August 6, 2018

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gifting and medicaid planning — Stock photo

By Nancy Burner, ESQ.

Gifting and Medicaid planning is commonly misunderstood. We often see clients who believe that the gifting rules for Medicaid are the same as the IRS gifting regulations.

The IRS allows a person to give up to $15,000 per person annually without penalty. Under the code, all gifts made in any given year are subject to a gift tax. However, the first $15,000 gifted to each individual in any given year is exempted from the gift tax, and for that reason, for many individuals, gifting during their lifetime is a way to distribute wealth and reduce their taxable estate at death. Medicaid is not the same.

Oftentimes, seniors and their children believe that this same exemption holds true for Medicaid eligibility, and that gifting this amount of money away annually will not affect them should they need to apply for Medicaid benefits in the future.

Medicaid requires that all Medicaid applicants account for all gifts and transfers made in the five years prior to applying for Institutional Medicaid. These gifts are totaled, and for each approximately $13,053 that was gifted, one month of Medicaid ineligibility is imposed. It is also important to note that the ineligibility begins to run on the day that the applicant enters the nursing home rather than on the day that the gift was made.

For example, if someone has approximately $180,000 in his or her name and gift annually $15,000 to each of four children, the $180,000 would be gone in approximately three years. Under the IRS code, no gift tax return would need to be filed and no tax would be owed. If at the end of those three years the individual then needed Medicaid, those gifts would be considered transfers “not for value” and would have made him or her ineligible for Medicaid benefits for approximately 13 months.

In other words, the individual would need to privately pay for the nursing home care for the first 13 months before Medicaid would kick in and contribute to the cost of care.

The amount the individual would pay on a monthly basis would depend on the private monthly cost of care at the nursing facility. If the nursing facility costs $17,000 per month, the individual would need to pay that amount for 13 months totaling approximately $221,000.

What makes this even more difficult for some families is that an inability to give the money back or help mom or dad pay for her or his care is not taken into consideration, causing many families great hardship. It is important for families who have done this sort of gifting to know that there are still options available to them.

An elder law attorney who concentrates his or her practice on Medicaid and estate planning can help you to optimize your chances of qualifying for Medicaid while still preserving the greatest amount of assets.

Nancy Burner, Esq. practices elder law and estate planning from her East Setauket office.

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