It just comes down to est. profit margin vs. risk and not some ethics about lawfulnes. If they think they can eat the fines/lawsuits then they're going to take higher profits until the hammer drops. Especially if it shows short term gains for a publicly traded company.
That said, genetic data is probably not the biggest indicator of how much an individual will cost an insurance retailer (behavior would be better) and i'm not about to sift through HIPPA law to see all that it covers.
My bias here is based insurance company behavior from back when they could descriminate based on pre-existing conditions as well as how any publicly traded company eventually functions. Etc...