(a) Written notice of the availability of coverage, as set forth in § 31-3832, shall be delivered to the participant and beneficiary under the health plan upon enrollment and annually thereafter. Notice of the benefits shall be prominently positioned in any literature or correspondence made available or distributed by the health benefit plan or health insurer and shall be transmitted to the participant or beneficiary upon the earlier of: (1) Any yearly informational packet sent to the participant or beneficiary, as part of the packet;(2) In the next mailing made by the health benefit plan or health insurer to the participant or beneficiary; or(3) Not later than 60 days after April 3, 2001.(b) An individual or group health plan which is a health benefit plan, and a health insurer that has already provided notice in order to comply with the Women's Health and Cancer Rights Act of 1998, approved October 21, 1998 (112 Stat. 2681; 29 U.S.C. § 1185b, 42 U.S.C. § 300gg-6, and 42 U.S.C. § 300gg-52 ), need not provide additional notice under this chapter; provided, that it files with the Commissioner a written statement, with a copy of the notice attached, certifying that it is in compliance.Apr. 3, 2001, D.C. Law 13-254, § 4, 48 DCR 723.