Allegany woman fighting to save county’s withering home care program

By RICK MILLER

Olean Star

LITTLE VALLEY — An Allegany woman fighting Cattaraugus County’s decision to end the health department’s home care program sent an email to county lawmakers Tuesday saying she is prepared to take the county to court.

Jessica Shaffer of Allegany attended county legislature committee meetings Wednesday, but was unable to get legislators to talk to her. 

Legislator Don Benson, R-Allegany, spoke with County Administrator Kelly J. Reed after the committee meetings and said Shaffer had some questions about the home care program.

Shaffer asked Reed if she had received her email and if a final vote will be held by legislators to close the home care program. The Olean Star, which has been following the story, sat in on the discussion.

Reed said the program would not close until the last patient has been transferred to the Visiting Nursing Association, the only other certified home care agency in the county.

“I don’t believe there is a date for an official vote because we are under strict New York state guidelines and our closure will not occur until the last person has been transitioned per our closure plan,” the county administrator told Shaffer. That could be tomorrow, six month from now or the end of the year, Reed added.

A registered nurse, Shaffer said she was concerned the patients being transferred to the VNA won’t be receiving the same level of care. Residents deserve another option, she said. “I’m trying to speak for the patients.” She said she’s also concerned that the VNA won’t be able to meet her father’s needs.

Reed said the state Health Department regulations require strict confidence in handling a home care closure and transfer of patients. The county is not giving up the license, she said.

“It seems like it is being done backwards,” Shaffer said, adding the county legislature had not approved the plan. She questioned whether the county was following the proper procedure for closing a department.

“I’m not trying to be adversarial here,” Shaffer said. “I’m just trying to speak for all the patients that have relied on the county for many years that will not be receiving the same level of care at the VNA.” County residents “deserve another option.”

For the past two months the county’s home care program has not taken any new patients or renewed coverage if it was interrupted by a hospital stay. More recently, the county has been calling patients asking them to voluntarily transfer to the VNA.

A few years ago, it was not uncommon for the home care program to have an average census of around 300. Last November, there were 225 patients. That dropped to 193 in December and further to 135 in February. In March there were 140 patients in home care, 128 in April, 104 in May and 88 in June.

Earlier this month, there were four nurses providing care for about 50 patients. Reed did not say how many patients remain in the program.

The 2026 county budget  included $1 million in cuts to wages in the home care program, from $2.6 million adopted in 2025 to $1.3 million. The initial health department budget did not contain deep cuts in the home care program, which had 17 nurses and four supervisors.

“Who made the decision?” Shaffer asked Reed.

“The legislature is the policy-making body,” the county administrator replied. The confidentiality by the state Department of Health meant “a vote could not be taken because of the confidentiality.”

Reed said the county was having discussions with the state Department of Health and VNA and was “required to initiate a closure plan, which we did.” 

She said she could comment on reports that some legislators were not aware that the program was headed toward closure, “because we have done our due diligence in notifying those that were required to be notified.”

Shaffer said she wanted to speak to the full county legislature at its next meeting. 

Reed said that is next Wednesday at 5 p.m. and told her who to contact to make the request.

After the meeting, Shaffer said the county’s home care program was initiated in 1992 to respond to the needs of patients discharged from a hospital and to keep residents out of nursing homes.

Shaffer’s letter to legislators reminded them the legislature “has never voted on an independent, standalone legislative act or resolution to dissolve the Certified Home Care Agency.”
Shaffer asked for “an administrative stay halting all ongoing surrender procedures and patient transfers until this body holds a transparent vote” and asked for “a formal resolution addressing the closure of the agency so it may be properly debated in the public record.”

Share said she was prepared to bring an Article 78  proceeding in state Supreme Court seeking an injunction.