Section 4906*2. 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.
    * NB Effective January 1, 2010