(b) No Medi-Cal managed care contractor may offer an incentive to promote good health practices by its Medi-Cal enrollees prior to written approval by the department. In the absence of other countervailing considerations, the department shall approve, to the extent permitted by federal law, the use by health plans of nonmonetary incentives to enhance health education program efforts to increase member participation, learning, and motivation to do any of the following:

1. (1) Effectively use managed health care services, including preventive and primary care services, obstetric care, and health education services.
2. (2) Modify personal health behaviors, achieving and maintaining healthy lifestyles and treatment therapies and positive health outcomes.
3. (3) Follow self-care regimens and treatment therapies for existing medical conditions, chronic diseases, or health conditions.