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directive that services are to go to "older individuals with economic or social needs." The definition is as follows: (33) the term "legal assistance"— (A) means legal advice and representation provided by an attorney to older individuals with economic or social need;... (emphasis added)' As further guidance for targeting legal services, since 1992, state agencies are required to include assurances in their State Plan that area agencies on aging will give priority to legal problem areas of particular significance to the target populations. The priority issues include: income, health care, long-term care, nutrition, housing, utilities, protective services, defending older persons against guardianship, abuse, neglect and age discrimination." The 1991 Senate Committee report explains that the priority list is included: ... in response to concerns that many area agencies on aging have not established legal assistance programs which include sufficient outreach, targeting and community education components,... It is the Committee's expectation that these provisions will ensure that services are targeted to those in greatest social and economic need." Requirements to Target vs. Prohibition Against Means Testing As noted, while targeting is clearly required throughout the OAA, means testing is prohibited. The balance of targeting services to those in greatest need while avoiding means testing can present a real challenge, particularly at the local service provider level. Understanding Congress' prohibition on means testing and the purposes of targeting can help providers achieve that balance. "Means testing" is a process of using income and resources to determine eligibility for services. Initially, the OAA Regulations contained the means testing prohibitions—for OAA services generally 12 and for legal services specifically. For legal services, the regulations state that: "a legal assistance provider may not require an older person to disclose information about income or resources as a condition for providing legal assistance under this part." 13 The means testing prohibition can present a particular challenge to providers who also receive funding from the Legal Services Corporation (LSC). LSC grantees are required to means test. Providers who receive funding from both LSC and ACL/AoA must be careful to assure their compliance with requirements of both funding sources. Cost -Sharing vs. Voluntary Contributions in the 2000 Amendments The 2000 Amendments brought—for the first time in the OAA—cost-sharing which is a form of means testing that uses a sliding fee scale linked to an older person's income. Any type of means testing had been a source of disagreement in prior reauthorizations. After much debate during the 2000 reauthorization process, Congress agreed to permit cost sharing for certain OAA services, for example, home and community based services. However, for purposes of this discussion, the important, point is that while the Act now allows some cost 9 42 USC. §3002(33) (2016) The uniqueness of the targeting requirement in the legal assistance definition is highlighted by comparing it to the definition of "information and assistance service." (I&A) Although I&A contains language that it be targeted to those with greatest social and economic needs and those at risk for institutional placement, it clearly prefaces this by defining I&A service as one that "serves the entire community of older individuals." 42 USC §3002(28) (2016). Legal assistance, on the other hand, is defined as a service to be delivered to elders with economic or social need and does not require serving the entire community 10 42 U.S.C. §3027(a)(11)(E)(2016). 11 S. Rep No 151, 102d Cong at 91 (1991) 12 45 C.F.R. §1321.67 (2012) 13 45 C.F.R. §1321.71(d) (2012). Issue Brief 3