; (4) for purposes of applying section 164.501 of title 45, Code of Federal Regulations, the definition of health care operations shall have the meaning given such term in such section, except that clause (v) of paragraph (6) shall not apply; 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.