(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 .