Commencing operations.

A preferred provider organization may not commence operations until one of the following occurs:

(1) The Commissioner approves its application under § 152.11 (relating to review of application by the Commissioner) and, if a risk-assuming preferred provider organization, the Secretary approves its application under § 152.5 (relating to review of application by the Secretary).

(2) The Commissioner determines that it is governed by and regulated under the Employee Retirement Income Security Act of 1974 (29 U.S.C.A. § § 301—309 and 1001—1461) and it has filed a certificate to that effect with the Commissioner.

(3) The preferred provider organization has complied with the filing requirements of this chapter and 60 days have elapsed without the issuance of a disapproval or notice of deficiencies from the Commissioner or the Secretary.