New York licenses nursing homes under a completely separate rule chapter (10 NYCRR Part 415) from assisted living (10 NYCRR Part 1001 for ALR/EALR/SNALR, 18 NYCRR Parts 487-494 for the base ACF types). Nursing homes carry federal CMS star ratings; assisted living communities in New York do not.
What actually gates the decision
A resident who needs 24-hour licensed nursing care, not just personal-care assistance, generally needs a nursing home rather than assisted living, regardless of how a specific ALR/EALR/SNALR community markets its capabilities. Ask any assisted living community directly what its admission and retention limits are.
Medicare's skilled-nursing benefit only covers a limited rehabilitation stay after a qualifying inpatient hospital admission -- it is not a way to pay for long-term nursing home placement, in New York or anywhere else.
