; and (5) programs creating records referred to in section 543(a) of the Public Health Service Act ( 42 U.S.C. 290dd–2(a) ) should receive positive incentives for discussing with their patients the benefits to consenting to share such records. 4222. Nutrition services (a) Definitions In this section, the terms Assistant Secretary , Secretary , State agency , and area agency on aging have the meanings given the terms in section 102 of the Older Americans Act of 1965 ( 42 U.S.C. 3002 ). (b) Nutrition services transfer criteria During any portion of the COVID-19 public health emergency declared under section 319 of the Public Health Service Act ( 42 U.S.C. 247d ), the Secretary shall allow a State agency or an area agency on aging, without prior approval, to transfer not more than 100 percent of the funds received by the State agency or area agency on aging, respectively, and attributable to funds appropriated under paragraph (1) or (2) of section 303(b) of the Older Americans Act of 1965 ( 42 U.S.C. 3023(b) ), between subpart 1 and subpart 2 of part C ( 42 U.S.C. 3030d–2 et seq.) for such use as the State agency or area agency on aging, respectively, considers appropriate to meet the needs of the State or area served. (c ) Home-delivered nutrition services waiver For purposes of State agencies determining the delivery of nutrition services under section 337 of the Older Americans Act of 1965 ( 42 U.S.C. 3030g ), during the period of the COVID–19 public health emergency declared under section 319 of the Public Health Service Act ( 42 U.S.C. 247d ), the same meaning shall be given to an individual who is unable to obtain nutrition because the individual is practicing social distancing due to the emergency as is given to an individual who is homebound by reason of illness. (d) Dietary guidelines waiver To facilitate implementation of subparts 1 and 2 of part C of title III of the Older Americans Act of 1965 ( 42 U.S.C. 3030d–2 et seq.) during any portion of the COVID-19 public health emergency declared under section