The federal government says Arizona is not in compliance with federal requirements for $1.6 billion in stimulus funding – including more than $300 million already being spent by the state.

Gov. Jan Brewer is asking the U.S. Department of Health and Human Services to reverse a determination that a state health-care eligibility provision violates a federal requirement.

If Brewer is unsuccessful, Senate Minority Leader Jorge Garcia said Arizona either must change the eligibility provision or give up the funding.

He said that would include returning money already being used to keep the current state budget in the black.

The eligibility provision requires some Arizona Health Care Cost Containment System enrollees to requalify every six months instead of annually.