(a) General requirements. Existing comprehensive State-based health benefits is coverage that—

1. (1) Includes coverage of a range of benefits;
2. (2) Is administered or overseen by the State and receives funds from the State;
3. (3) Is offered in the State of New York, Florida or Pennsylvania; and
4. (4) Was offered as of August 5, 1997.

(b) Modifications. A State may modify an existing comprehensive State-based coverage program described in paragraph (a) of this section if—

1. (1) The program continues to include a range of benefits;

2. (2) The State submits an actuarial report demonstrating that the modification does not reduce the actuarial value of the coverage under the program below the lower of either—

   1. (i) The actuarial value of the coverage under the program as of August 5, 1997; or
   2. (ii) The actuarial value of a benchmark benefit package as described in § 457.430 evaluated at the time the modification is requested.