New York licenses nursing homes under 10 NYCRR Part 415 -- a separate rule chapter from assisted living, which is licensed as an Adult Care Facility with optional ALR certification under 10 NYCRR Part 1001. Nursing homes provide 24-hour licensed nursing care; assisted living provides personal care and supervision, not ongoing skilled nursing.
The quality-rating difference
Nursing homes carry federal CMS star ratings, in addition to the state inspection record. Assisted living communities in New York do not carry CMS star ratings -- their public record is the NYS Health Profiles inspection history only.
What pushes a resident out of assisted living
A resident whose medical needs exceed what an ALR (or EALR, for aging-in-place needs) is licensed to provide -- ongoing skilled nursing, for example -- generally needs to transition to a nursing home level of care.