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Is the community spouse's 401K held by his current employer considered to be a countable asset for the MassHealth Nursing home application.

Countable v non-countable assets and MassHealth

As you know, for MassHealth applications some assets are considered countable and some are not.  With respect to retirement plans, Massachusetts offers some protection to community spouses who are still working.  In general, a pension fund, such as a 401k plan, that a current employer is setting aside for the community spouse is not countable as an asset for MassHealth. (See 130 CMR 520.007 (C)(3).  However, a pension fund from a former employer is countable, provided the funds are accessible.  Hope that helps.  Follow this link for more general information about the MassHealth Medicaid application process.

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