; 38 U.S.C. 1701 note) as of the day before the date of the enactment of the Caring for our Veterans Act of 2017 ; or (D) the covered veteran and the covered veteran’s primary care provider agree that furnishing care and services through a non-Department entity or provider would be in the best medical interest of the covered veteran based upon criteria developed by the Secretary. (2) The Secretary shall ensure that the criteria developed under paragraph (1)(D) include consideration of the following: (A) The distance between the covered veteran and the facility that provides the hospital care, medical services, or extended care services the veteran needs. (B) The nature of the hospital care, medical services, or extended care services required. (C) The frequency that the hospital care, medical services, or extended care services needs to be furnished. (D) Whether an appointment for the hospital care, medical services, or extended care services the covered veteran requires is available from a health care provider of the Department within the lesser of— (i) the access guidelines for such hospital care, medical services, or extended care services as established by the Secretary