That's a good point. If he had made the appointment today and it got into the courts immediately, the judge could make a court order or a warrant to have someone trusted go check on him.

HIPAA generally blocks sharing medical data, but explicitly allows disclosure "to comply with a court order or court-ordered warrant, a subpoena or summons issued by a judicial officer".

Yes, if he is dead that is a different matter. But that's not what the quote is about. Here is the full paragraph for clarity:

While the language in Beshear’s letter is strong, it likely won’t do anything. McConnell, like every member of Congress, can essentially go on paid medical leave for as long as he wants. The fact that our elected officials don’t really have to prove that they can walk, talk, and think coherently—while we still pay them—is disgraceful. Maybe Beshear should just pay McConnell a visit himself, and bring a camera crew with him.