§ 4906. Waiver. (a) Any agreement which purports to waive, limit,
disclaim, or in any way diminish the rights set forth in this article,
except as provided pursuant to section four thousand nine hundred ten of
this article shall be void as contrary to public policy.

(b) Notwithstanding subsection (a) of this section, in lieu of the
external appeal process as set forth in this article, a health care plan
and a facility licensed pursuant to article twenty-eight of the public
health law may agree to an alternative dispute resolution mechanism to
resolve disputes otherwise subject to this article.