(a) General requirements. Existing comprehensive State-based health benefits is coverage that -
(1) Includes coverage of a range of benefits;
(2) Is administered or overseen by the State and receives funds from the State;
(3) Is offered in the State of New York, Florida or Pennsylvania; and
(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) The program continues to include a range of benefits;
(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 -
(i) The actuarial value of the coverage under the program as of August 5, 1997; or
(ii) The actuarial value of a benchmark benefit package as described in § 457.430 evaluated at the time the modification is requested.