(a) The Commissioner of Public Health shall establish a state-wide policy for visitation with a long-term care facility resident. The policy shall be applicable to all long-term care facilities and shall incorporate a long-term care facility resident’s need for health, safety and well-being, including, but not limited to, the essential support provided by a primary or secondary essential support person.

(b) In the event of a public health emergency declared by the Governor in accordance with § 19a-131a, the Commissioner of Public Health shall, in accordance with applicable federal requirements and guidance, set forth requirements for visitation with a long-term care facility resident, provided such requirements incorporate a resident’s need for essential support provided by a primary or secondary essential support person and other visitors. Such requirements shall include, but need not be limited to, the circumstances, if any, under which a long-term care facility may restrict visitors, including, but not limited to, primary essential support persons and secondary essential support persons designated by a long-term care facility resident. The requirements shall address, at a minimum:

(1) Arrangements for visitation with a long-term care facility resident through various means, including, but not limited to, (A) outdoor visitation, (B) the use of technologies to facilitate virtual visitation, and (C) indoor visitation that is allowed whether or not the resident is nearing the end of his or her life, as determined by the resident’s attending health care professionals;

(2) The needs of a long-term care facility resident for physical, emotional, psychological and socialization support based on the resident’s person-centered plan of care;

(3) Safety protocols for all visitors to a long-term care facility, including, but not limited to, primary or secondary essential support persons, in the event of a communicable disease outbreak or public health emergency declared by the Governor in accordance with § 19a-131a;

(4) Permission for visitation with a long-term care facility resident by a primary essential support person or secondary essential support person despite general visitation restrictions, provided the primary essential support person or secondary essential support person complies with safety protocols established by the commissioner and the commissioner determines that such visitation will benefit the health, safety and well-being of the resident; and

(5) In the event a long-term care facility resident has not designated a primary essential support person, a requirement that staff of a long-term care facility work with the resident or a resident representative, a family member of the resident or the State Ombudsman appointed pursuant to § 17a-870 to identify a primary essential support person and provide access by such person to the resident.